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cunfuzed · May 6, 2010, 07:45 AM

My ex joined the military a couple months ago as a reservist. I didn't make a big deal about it. However I am just learning that he left his job. Not sure if it was voluntary, but when I called his job his worker said he no longer works there because he left for a tour of duty. I did confirm he is a rervist and not full time enlisted.

He didn't even bother informing the court or me as he is court ordered to do if there is a change inhis employment. If he really cared he would have filed for a modification of child support. Nothing has been filed

My child support has stopped and I am planning to file contempt by the end of this month. I am also going to report his employment as a reservist. I know they only get paid for drills but something is better than nothing. Should I contact him to enquire if he is planning to start back paying again, or should I just file.

JudyKayTee · May 6, 2010, 08:53 AM

I wouldn't contact him - he would (I would think) know what the Court Order says. If he disregards the Court Order I doubt he's going to listen to you.

Take him to Court for contempt.

I have asked that your threads be combined - the issues are the same or similar. https://www.askmehelpdesk.com/family...es-455485.html

cunfuzed · May 6, 2010, 10:00 AM

Originally Posted by JudyKayTee

I wouldn't contact him - he would (I would think) know what the Court Order says. If he disregards the Court Order I doubt he's going to listen to you.

Take him to Court for contempt.

I have asked that your threads be combined - the issues are the same or similar. https://www.askmehelpdesk.com/family...es-455485.html

Thanks judy. I didn't know I was supposed to combine them. At that time, my only issue was whether I should report his income and have the schedule changed.

Now that he is no longer working and child support has stopped, I question this creates a bigger problem.

At what point can I file. After he has missed more than a full month, or only a full month

cdad · May 6, 2010, 05:51 PM

You may or may not be able to file depending on how it is handled. If its through the court system then you have to take it up with them. Since they are the ones enforcing it for you. If you try to do it independent of child support agency you may end up wasting a lot of money and time.

Fr_Chuck · May 6, 2010, 06:08 PM

You can inform the court he is in the military, A person in the reserve will first have to go though basic training, and many reserve people do go to post and serve, a lot of the people in Iraq today are reserve people.

They can reissue a new garnish order

cunfuzed · Jun 2, 2010, 07:35 AM

Since my ex has stopped paying support he has been trying to come out of the woodwork with all of these things by saying I violated the custody order. Mind you, I have taken no action in the nonpayment because OCSE will handle that when the time comes. I still comply with the custody/visitation order even though he has voluntarily missed a few visits. Now he is accusing me of not updating him on my son's school (he's not in school but daycare). He accuses me of not letting him have phone conversation (he absolutely never calls) and he has missed a couple of midweek visits that he now accuses me of denial of visitation (I showed up and waited but have no proof other than calling). So now he he threatening contempt with all of the things. Ive been to court on contempt before the judge and my lawyer caught him in a lie (he told me he wasn't coming but showed up anyway and called cops). I don't want to go back to court may have to if he files. Will this even fly with a judge? Ive done nothing wrong. The judge says the accuser must have hard proof of these things. If he never called, that shouldn't mean I'm guilty of denying phone conversation

JudyKayTee · Jun 2, 2010, 07:49 AM

Support and visitation/custody/anything else are DIFFERENT issues. If he wants to take you to Court for violation of a Court Order that's a whole different thing.

He is trying to intimidate you. If you are in compliance with the Order you have nothing to worry about.

stinawords · Jun 2, 2010, 07:51 AM

Have you been keeping a journal of everything? It does help to be able to look up a certain date and time to show what happened (on your side of the story).

cunfuzed · Jun 2, 2010, 11:04 AM

Judy.. thanks. I have always known these are handled separately... but he does not know that. The last time he was delinquent, the CSE took action on their own. Since he thought I filed on my own he responded by falsely accusing me of denying visit.

I used to keep a journal but I got tired of it. I jot things down on a calendar as to the times of pickup and droppef and missed visits. I don't want to live my life defending my actions. I have

JudyKayTee · Jun 2, 2010, 11:06 AM

I know - it turns into a nightmare. When I was getting divorced I spent half my life taking notes and the other half of my life reading them!

Let him threaten all he wants.

The Judge is going to decide who is more truthful and a man who doesn't support his child(ren) starts with a strike against him.

cunfuzed · Jun 3, 2010, 10:45 AM

Yes, I thnk the fireworks are about to begin. I just called CSE today and they said they had already started enforcement procedures and has scheduled a hearing for him. Thankfully its between him and CSE and I don't have to go.

This explains all of the harassment I have been getting from him. I am sure he thinks I did it. I know he will retaliate but filing something on me but Ill be ready. He is still crying "she got pregnant on purpose with out my knowledge" crap so I have a good indication of his desperation

cunfuzed · Jun 22, 2010, 12:53 PM

Hello all I am back. Not sure if anyone can help me with this. My ex and I may be going back to court. What I have found out is that he is a reservist but he has been taking active duty posts which enables him active duty pay and benefits. Since he isnot full time enlisted and only takes active duty jobs when they are available, how can I or the court determine what his actually standard income is to calculate child support. When he goes on active duty, he gets an allotment for housing and subsitnence, whare are counted as income along with his military pay. Please help

cdad · Jun 22, 2010, 12:56 PM

His pay is whatever is reported on his taxes. You can ask for pay stubs and do a year to date.

InMyFavr · Jun 22, 2010, 12:59 PM

If he is still in the military you can geta Congressional Inquiry as to why he is not making child support payments. Military does not like deliquent dads! I can tell you from experience. He will get into some serious trouble through the military, and you avoid having to go to court altogether...

cdad · Jun 22, 2010, 01:03 PM

Originally Posted by InMyFavr

If he is still in the military you can geta Congressional Inquiry as to why he is not making child support payments. Military does not like deliquent dads! I can tell you from experience. He will get into some serious trouble through the military, and you avoid having to go to court altogether.....

This is not entirely true. You must go to court first to get a judgement of child support before anything else. That is the first step to collecting support.

cunfuzed · Jun 22, 2010, 01:09 PM

He has stopped making child support payments. Im not sure if I mentioned in an earlier post, but he did have a regular full time civilian job then he joined the reserves and quit his regular job. He has been taking active duty posts when available. He is listed as a reservist but can take advantage of local active duty posts until its over. His reservist pay is very, but when he goes to active duty reservist he gets the same benefits as an enlisted active duty person. I'm trying to dertermine his salary, or at least what information he needs to bring because I don't want him to just say I'm a reservist with no full time job and I only make 200-300 per month when that's a lie.

cunfuzed · Jun 22, 2010, 01:11 PM

I guess this military thing is confusign me. As an enlisted active duty reservist, he would get about 1500-2000/ month for base pay, about 1500/month for BAH, and about 300/month for BAS. The base pay would be the only thing that's taxable

cdad · Jun 22, 2010, 01:16 PM

Originally Posted by cunfuzed

I guess this military thing is confusign me. as an enlisted active duty reservist, he would get about 1500-2000/ month for base pay, about 1500/month for BAH, and about 300/month for BAS. The base pay would be teh only thing thats taxable

A paystub that is current should show YTD (Year To Date) and you can average it out from there. Then its up to him to state what it should be if he thinks it should be different. Let him tell it to a judge.

cunfuzed · Jun 22, 2010, 01:18 PM

OK great. Do you know if reservists can also received military disability (from another military branch)? He was previously in another branch and left on 30% disability. Does he continue to receive that if he joins another branch as a reservist?

cdad · Jun 22, 2010, 01:30 PM

Originally Posted by cunfuzed

ok great. do you know if reservists can also received military disability (from another military branch)? he was previously in another branch and left on 30% disability. does he continue to receive that if he joins another branch as a reservist?

Many rules apply. For this one you might look here for a better answer.

Ref:

Veteran Disability Compensation - Military Benefits - Military.com