Hello again.I just received a phone call from daughter's father first sergeant.basically what was said is that they cant force him to pay child support based on a court order since he's not a birth certificate and since his name isn't on any legal documents stating he's the father.the attorney general office in texas says that the default order is a legal binding document.Can you give me more information on this?
State/Country relating to question: Texas
Thanks for the chance to help. I am an attorney with over 12 years military law experience.The First Sergeant is wrong. I would sure try and get ahold of the Battalion Commander. If the Battalion Commander refuses to assist? I would go "up the chain of command". I would go up to the "staff judge advocate" for the Division Commander, or to the Division Commander themselves. A call to the base adjutant of the base can give you the contact for the SJA and the division commander.The commander has the ability to enforce the court order. The SJA can tell him as muchIf that does not work?I would call your congressional representative.
I called the battalion commander yesterday and stated to him the whole situation.I guess he contacted the first sergeant of my daughter's father company and told him what was going on.Thats when i got the call this afternoon.I told him all of this couldve been avoided if he wouldve showed up to his court date and he kept stating he understood that, BUT his name was never on the birth certificate or any legal document stating he's the father.I guess he's trying to go by military regulation and i have also read it also.The AG office told me since he failed to respond within 20 days after getting served and not showing up to court,they have every right to legally file a default court order against him.
UnderstandAgain, the court order can and should be enforced. I would go back to battalion and if they will not help, up to division.
Retired Marine Corps Lawyer, Veterans Services Officer (VSO)
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