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Daniel Solutions, Divorce Lawyer
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Is it true that if you owe back child support that you are

Resolved Question:

Is it true that if you owe back child support that you are not onligated to pay it back in certain states or all now?

Also if I am a retired military vet and I pay spousal support and she remarries do I still have to pay that to her?
Submitted: 3 years ago.
Category: Family Law
Expert:  Daniel Solutions replied 3 years ago.

Hello,
Thank you for allowing us to assist you with this problem. I am not fully aware of what prior steps you have taken.

 

I don't know the source of your information but it is not correct.

Child support arrears do not go away and such orders of support are honored in all 50 states.

 

Also remarriage has not affect on child support arrears. Remarriage can terminate spousal support.

Customer: replied 3 years ago.
Even though being retired Army and she put the paperwork within the divorce decree for it to come out of my retired monies can I still get it stopped and do i have to get a lawyer to fight this issue?
Expert:  Daniel Solutions replied 3 years ago.

The military will enforce any civilian child support order. Unlike other creditors, child support payment can be taken out of retirement pay and military retirement until the arrears are paid in full.

 

If you believe you have a valid reason to stop the collection then I would suggest ou retain a lawyer to review all your documents and represent you.

Customer: replied 3 years ago.
I am referring to the spousal support payments to her and she has since remarried in Oct 2009 and I am asking if I have to continue to pay that from the court order out of my retirement check? Sorry for the misunderstanding...
Expert:  Daniel Solutions replied 3 years ago.
If you are still paying spousal support then you can obtain a lawyer to have it terminated since she remarried. However, from what you are describing it sounds more like your exwife is receiving a property division split of your retirment and that is different from spousal support. Property division of retirment does not terminate upon remarriage but spousal support does terminate. Reread your divorce order to see which one she is receiving and you will know if it can be terminated.
Daniel Solutions, Divorce Lawyer
Category: Family Law
Satisfied Customers: 9934
Experience: Practicing Attorney for over 15 years
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