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New Member |
Sorry, for the repeat--had this posted in teh wrong section.
Hello all. Need a quick bit of advice. Unfortunately it all so far points to us call the 1rst shirt or commander. Scenario is AF Capt, married to civilian, let's call her Jane. Jane has kids from previous marriage, owes nearly 25K in CS & judgements now. AF Capt gets to go to Weapons school Jan07-Jun07. Jane comes to NC to be near her kids while AF Capt is in training. Jun 07 Capt gets stationed at CA base. Jane Stays in NC. Now it's Sept 08 and Jane is still in NC, refuses to leave & join husband. When Captain was here in April 08 for a visit, he did not follow the court order and instead helped his wife have the kids at the courthouse when we went to court (to get her to pay.) And while the kids were visiting Jane & the Capt at one point the kids were supposed to come home one night & he refused to turn them over to the custodial father--he claims on "advice of counsel" that his wife told him about [not that he heard]. June 08 Capt receives insurance payment in error and does not send to the dentist. He's sat on it till Aug 08 when we found out and requested he send it on. Of course now he states his wife will be sending it-- of course nothing yet received by the dentist. Jane has had access to Capt's bank account where all his military pay goes. Since about May Jane is using Capt's account to make child support payments. However the checks are coming in with only the captain's name on them. But now, they are starting to bounce each time due to "insuffecient funds" Yes, we have told the capt about the bounced checks, each so far-- we've got either an "ok" or a, "my bank says it's cleared", evidently that was per the wife based on what he said. Well, now we've got another bounced check. We wanted to send a letter to him giving him one last warning--but letter got to CA too late, by literally a few hours-- he's now deployed for it looks like 4 months. So do we call the first shirt now? Or do we wait a month or two that it may take to get the letter to him before we call. Unfortunately it looks like 2 more CS checks may bounce in the next week since as of today someone, either he or his wife has cleaned out the account. (He left Tuesday). We think we should notify the shirt since he did not take care of the situation before he left AND becuase if we wait too long to get decisive action, the poor Captain won't have any money since it's possible [if it's her doing the cleaning of the account] she'll clean him out each pay day. We want the Captain to wake up and take responsibility for his account/situation-- but we're trying REALLY hard to be nice and not get him into trouble. But nothing else has worked. Yes we've basically made our decision-- but are there ANY other alternatives that anyone knows about? Any thoughts are appreciated. Thanks. |
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New Member |
I've moved this posting to the finance "general" section-- I guess I posted this in the wrong section-- sorry to bother.
Thanks. |
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New Member |
as in -- sorry for the duplicate-- still need advice. [evidenlty I'm chatroom challenged]
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Member |
Who are you???
And does the Captain owe you money or the wife? From what you have written, it is the wife who owes the CS, not the Captain. If that is true, you need to contact a lawyer to see if you can go after the Captain when it is the wife who owes the CS. |
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MODERATOR Military Life, Spouses & Community If you want something said ask a Man; but if you want something done, ask a Woman! Margaret Thatcher ![]() |
If he is a AF Captain then the 1st Shirt can't really do anything because he is under the Captain. So talking to him or dealing with him will accomplish nothing.
He isn't the one that is responsible for the CS, the mother is. You could probably get the fees back from him on the bounced checks, but other than that he isn't really responsible at all. you have to get the mother of the child to pay as they are her children. Was the insurance payment made to the Captain himself or to the wife? If it wasn't made to him then he isn't responsible for that either, she is. |
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Super Member 'Save the cheerleader, save the world' Live simply. Love generously. Care deeply. Speak kindly. Leave the rest to God. I'm freakin' crippled now. My butt-knuckle is killing me. |
I concur: Capt is not financially responsible for Jane's C/S payments, Jane and Jane alone is responsible.
This is a civil matter, not military. Will do you no good to get in Capt's face about it. You need to contact Child Support Division whatever county this divorce&child support case was done at. Talk to the worker assigned to the case, more than likely they'll start court proceedings on Jane for the backpay she owes. Several things can happen once a motion is filed for non-payment.....They can suspend passports, they can take money from her paychecks directly. Any income tax refund can also be taken. Essentially all this is done by a collections department. They will invoke any and all means to collect the money that is owed to the custodial parent. Also may want to check out something called a Form 8379 at the IRS site. Not exactly sure what it's saying in there, but I think it has to do with filing joint returns and repo of that money that's owed. Check into it. |
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Member |
The 1st shirt isn't under the Captain. The 1st shirt works directly for the commander and handles all kinds of issues so the commander doesn't have to get involved. He/she also directs people to the proper offices and will discuss matters with the commander when necessary. |
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MODERATOR Military Life, Spouses & Community If you want something said ask a Man; but if you want something done, ask a Woman! Margaret Thatcher ![]() |
Thank you for correcting that, I thought it was something else |
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Member |
You're welcome. It is hard to keep everything straight between the different branches.
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New Member |
Thanks to all for the tips. Yeah, it would be his commander. We'll see how things go. Wish us all luck & pray for him.
Thanks. |
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