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Basic Training
Picture of 15798375
Posted
I have a question that I couldn't find in the forums. Maybe you guys can help.. I am renlisting after 12 years. What is my ex-wife entitled to as far childsupport goes? Does it just get calcuated by my base pay and BAH or what else. I am remarried and I have no problem paying my obligation. I just don't want her to rake me through the coals anymore. She has remarried also and now is a stay home Babymaker...LOL
Thanks
 
Posts: 11 | Registered: Tue 27 May 2008Reply With QuoteEdit or Delete MessageReport This Post
Member
Picture of Schwanke
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Not sure if I understand the question, the courts determine child support, not the military.
 
Posts: 2112 | Registered: Thu 28 August 2003Reply With QuoteEdit or Delete MessageReport This Post
Basic Training
Picture of 15798375
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I thought that there was guidlines that civilian courts follow about military LES. She told me that she could get more childsupport because I'll be living on post. And because I don't pay for housing..
 
Posts: 11 | Registered: Tue 27 May 2008Reply With QuoteEdit or Delete MessageReport This Post
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Picture of Schwanke
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She can petition the court anytime for any reason she chooses. What the court gives her is still up to the court. It may be likely that the court will view your new wages differently than your old wages.
I always found it better with my ex to negotiate with her instead of letting some court decide what to do with my pay. Besides, she will have to use some bucks to plea for a higher rate, and may not win.
In the end, it is your kids and yor responsibility, why not work it out with her if you can?
 
Posts: 2112 | Registered: Thu 28 August 2003Reply With QuoteEdit or Delete MessageReport This Post
Erus Tu
Freddy
Picture of 15781731
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quote:
Originally posted by 15798375:
I thought that there was guidlines that civilian courts follow about military LES. She told me that she could get more childsupport because I'll be living on post. And because I don't pay for housing..


Maybe this will help:

She may petition the court any time she wants (AS Schwanke stated) BUT, the court MAY NOT change the formula used in the granting of WHO gets WHAT and HOW much, unless it is done in the jurisdiction where the divorce was prosecuted and finalized. My son was married/divorced in Georgia while stationed in Ft. Gordon. He moved back home to Utah. She for whatever reason, decided to follow him, she has threatened him many a time (The issues is always about money) Has taken him to court here in Utah many a time as well. Each time the courts hands are tied, other than forcing him to pay through CRS for child support, which was stupid on her part because he had been paying and buying more for the three children, but as pay-back (WHICH I HAVE NO OPINION ON AND OFFERED NONE) He simply began paying the Child support as required. The Court and She herself have asked him a thousand times already to allow a switch in jurisdiction from Georgia to Utah, and to my knowledge he has no intention of signing that petition. Like Scwanke said though and I fully agree, try to work with her as much as you can. I know my son does....as much as he can. But to date, after a number of failed attempts to "Get Even" with him whatever that means, things have settled down and she now lives a quite life, he gets the kids every other weekend, there are restrictions placed on her that werent there before as a result of going back to court so much, and he did it through default. By that I meant: He went back to Georgia and filed court papers, she was duly notified to appear, but she didn't have the money to go, she lost the case. Like I said. Now, life is quiet, life is better for the children, and she has come head on with the face of reality, the old saying "Two can play the Game."
I have a distaste for using children and a greater distaste for the thought of wanting to get even that causes more grief than there was already.
A Veteran in Arms
Freddy
 
Posts: 797 | Registered: Wed 14 May 2008Reply With QuoteEdit or Delete MessageReport This Post
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Good points. Back when in Kansas at least, I found to my surprise that when the divorce is granted, the kids actually become the property of the state so to speak. I found that out, and my ex had moved the kids out of the state without obtaining the states permission. When she started some crap, I did a countersuit for her illegally moving the kids out of the state, and her lawyer quickly came to me to "work this out quietly".
 
Posts: 2112 | Registered: Thu 28 August 2003Reply With QuoteEdit or Delete MessageReport This Post
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