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Daniel Solutions
Daniel Solutions, Lawyer
Category: Military Law
Satisfied Customers: 9934
Experience:  Lawyer for over 20 year and former JAG
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I am curious about child support enforcement in the military.

Customer Question

I am curious about child support enforcement in the military. My step-daughter's bio mom is currently enlisted in the military (National Guard). She has apparently recently be "med boarded" which I am not exactly sure what that means. My question multifaceted. First, I was of the impression that Military members were held to strict standards on supporting their children. This woman has 7 children, one of which is over 18. Of the remaining 6 she is legally obligated to support, she doesn't pay her ordered child support. One case is $20K in arrears. How is this possible?

Secondly, she also reported to the military that 4 of her children were living with her to get her housing allowance increased. Clearly, the children do not live there. Is there no verification of custody arrangements in the military? It blows my mind that she can skate by without paying support and falsifying military documents.
Submitted: 1 year ago.
Category: Military Law
Expert:  Fran-mod replied 1 year ago.
Hi, I'm a moderator for this topic. I've been working hard to find a professional to assist you right away, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you. Thank you!
Customer: replied 1 year ago.

Sure, I will continue to wait. Thanks for the followup.

Expert:  Wendy-Mod replied 1 year ago.
Thank you for your patience. We will continue the search for a Professional for you.

Regards,
Wendy
Expert:  Daniel Solutions replied 1 year ago.

Hello,
Thank you for allowing us to assist you with this problem.

I am sorry to hear about this problem.

Yes, it is true that the military will enforce civilian court orders of child support but the military does not actively seek out whether support is being paid just like a civilian employer does not make sure child support is paid.

If the child support arrears are brought to the attention of a soldier's Commanding Officer, that CO has the obligation to talk with her and make sure the child support is paid. Further, it is possible to obtain a court order where the child support would come directly out of the pay from DFSAS. If your husband is the one entitled to receive the child support then he would need to talk to the CO by writing a letter to where she is stationed to the attention of the CO.

Regarding children not living with her. If she is the custodial parent of those children by a court order, then she is legally allowed to claim them. However, if she is not the custodial parent by a court order, she is frauding the military but again, unless someone raises the issue there are just too many people to actually check each family.

Finally, when a military member has a medical condition [MedBoard] (including mental health conditions) which renders them unfit to perform their required duties, they may be separated (or retired) from the military for medical reasons. It is possible that she may be receiving a medical discharge from the military for some reason.

Customer: replied 1 year ago.

OK, before I have him take the next step of contacting her CO, I have a couple of things I need to clarify on.

First, no, there is no court order at all on the bulk of her children. My step-daughter would be the primary exception in addition to one other child. My husband would gladly write to the Commanding Officer, but all we know is that she is currently at Ft. Riley. Is there like some general address, or how do we know where to send it?

Secondly, if there is no court order, then would she still be allowed to claim them for housing purposes? If not, then would we address that with the same CO?

Finally, she posted a few places online that she is being "MedBoarded" due to a TBI from having a fire extinguisher fall on her head during basic training. However, there are multiple other places online where she has posted that the doctors diagnosed her with mental instability and migraines. We feel helpless! Aside from what she posts online (which may or may not be true) we don't have any means to find out what is actually going on. She claimed in court on 10/18 that she was injured and unable to work, and then opened her own gym on 10/20 leading workout classes! I just don't know what our next logical step should be.


 


And yes, I will gladly give you a good rating! I really appreciate it!

Expert:  Daniel Solutions replied 1 year ago.

Your husband would need to send a letter and copy of the court order to the address below:

 

Commanding Officer

XXXXXbr/>Fort Riley, KS 66442

If there is no court order then it's not a clear area. There is nothing preventing her from claiming the children especially if she takes the position that she does provide care for the children but temporarily allows another person to house the children. There is no way any attorney can give a definative answer on this part of the question without having full access to all the facts which can not be done in this forum. However, if you believe she is not supporting the children then you may wish to raise that issue with the CO also in the same letter.

A soldier's file including medical records are restricted just as your medical records are protected by HIPAA restraints. There is no way for you to access her medical records. However, if she applies for a downward modification of child support for medical reasons, then your husband would be able to force her to prove to the judge that she is disable and what is the basis of that disability preventing her from working.

I hope this information helps and I wish you both well,

Dan

Daniel Solutions, Lawyer
Category: Military Law
Satisfied Customers: 9934
Experience: Lawyer for over 20 year and former JAG
Daniel Solutions and 2 other Military Law Specialists are ready to help you
Customer: replied 1 year ago.

You have been very helpful. Thank you!

Expert:  Daniel Solutions replied 1 year ago.

You're very welcome.

Have a good day,

Dan

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