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Recent Child Support questions

Can my husband take my child if we are divorced?

My ex husband will be stationed in Japan by December. We are already divorced according to him but there is no final custody yet that I have received so we shared our son. I got 4 days and he got 3 days. He has been paying child support but he hired a lawyer so he can take my son with him and his new girlfriend in Japan. I am scared right now. I don't wanna lose my son. I have a full time job, go to college, never do drugs and just take care of my son. Should I worry? What are my rights? Can he just take off with my son to Japan? What can I do to keep my son with me here in California?

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P. Simmons

Attorney

Doctoral Degree

35,698 satisfied customers
I am a 100% service connected veteran. Under California law

I am a 100% service connected veteran . Under California law can v a compensation be with held for alimony payments ?

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,092 satisfied customers
My ex-spouse (we were married 10 years and I am a 20-year

Hello,My ex-spouse (we were married 10 years and I am a 20-year retiree, so she gets 50% of my retirement) is demanding that I provide records for how much she was paid by the Navy for past years. We have been divorced for over 13 years.DFAS has been paying her 50% by law automatically, and paid even more when I was adding child support. There's never been a problem with this.However, I made a bad judgment. For less than a year (Jan. 2015 - August 2016), I took some money from her 50% amount and added it my account for personal reasons linked to my present wife's medical condition - which is wrong.I have formally apologized to my ex for this and I have corrected the error by using my bank account and DFAS records to calculate how much I owe her. I began the DFAS allotment immediately and it goes into affect on 1 Sept. to repay all the money I took from her - ON TOP OF - the normal 50% amount of my retirement.A big mistake, but one I owned and wanted to correct immediately.Naturally, she was angry about it all. Now she believes that I have been fleecing her for past years and is demanding I provide proof of how much the Navy paid her.I don't have those records, and I don't feel obligated to do that since I've already started the pay-back process. She's calling me a cheat, although I've done this just once. I've paid all the federal and state taxes on the retirement, and periodically allotted more to her account to cover Christmas, Thanksgiving, birthdays and other needs for her and our daughter. My daughter is now an adult.I have been living in Europe with my 'new' wife (10 years) and family for about 11 years, and my ex is threatening to use legal action if I don't provide what SHE wants.Before this, we have NEVER had a problem with her payments or DFAS or even trust. We used to be good friends after the divorce. But now she's venting.What are my options and my responsibilities in this matter? What are her options?I'm not returning to the States for any reason. I live in the EU. I told her that once my debt to her is paid (via DFAS allotment), she will receive the normal 50% monthly payments as usual. Please advise.Respectfully, Joaquin

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P. Simmons

Attorney

Doctoral Degree

35,698 satisfied customers
I am the step mother of a military child. Her mother is

I am the step mother of a military child. Her mother is active duty military. My husband and his ex have been divorced since 2009. They had specific order for the care of their daughter after divorce. She was awarded physical custody and child support. The mother who is a Major 20 years constantly uses her military position to violate the order. Since 2012 their daughter has been living with us and she refuses any support. Prior to then she would have family and friends care for the child. The divorce states she is to give my husband first right of refusal. In 2012 We hired a lawyer because she left their daughter with a friend again. We got he back and kept her for 5 months. All the while mind you support comes out of his check. She came back after the 5 months and resumed her regular life leaving the child with us. Still no support. She eventually 6 months later told us she was being deployed for 18 months. We had a lawyer draft an agreement for temporary modification for support and custody of Harlie. The agreement included the money she owed for the 5 months as well as return money and money for the 18 months or till she returns. The repayment would end June 2014 and reduce to $1596 till she gets back. She came back May 2014 and made the last payment for the repayment but again never got her daughter back. At that time she lived like 30 minutes away. 5 months later she took a job in N Carolina. She has been there since Jan 2015. We just recently found out she sold her house Sept 205. She still has never came back to get her daughter. She only returns the money that comes out my husbands check. She refuses to pay any support or contribute even school clothes. It has now been 4 years and she states she is retiring ans wants to come get her daughter. Do we have to give her back to her or what can we do. Can we collect the money she owes also. We just don't have the money to keep hiring lawyers everytime she says something or do something. Shouldn't the military hold her accoutable for taking care or her child. We do we have to pay to make he pay.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,092 satisfied customers
Does my wife's VA disability benefit count as income when

Does my wife's VA disability benefit count as income when calculating the maintenance I have to pay her? It's none taxable.

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Marsha411JD

Doctoral Degree

18,962 satisfied customers
My wife and I are pending a divorce> I am an E-8 stationed

Hello my wife and I are pending a divorce> I am an E-8 stationed in Korea currently and we have 2 children 1 mine 1 a step son. I am trying to establish what financial resources I must properly provide her. She currently resides in an off post House we rent paid for by the BAH.

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I am a retired military veteran. My pay went from retired to

I am a retired military veteran. My pay went from retired to VA disability. That stopped my court ordered spousal support. Will I have to repay this money?JA: OK. The Military Lawyer will need to help you with this.Customer: Please email answer to***@******.***JA: Have you talked to a lawyer yet?Customer: I was at the courthouse and the lady stated that I only have to pay the other part of her spousal support.JA: Anything else you think the lawyer should know?Customer: I don't have military retirement pay only VA disability.JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Military Lawyer about your situation and then connect you two.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,092 satisfied customers
I'm a retired army veteran currently paying my exspouse 23%

I'm a retired army veteran currently paying my exspouse 23% of my disposable retirement pay under the soldiers and sailors act. Divorced 8/96, retired 3/01. In our divorced decree, it simply states until one of the members passes away, all financial support is discontinued. Based on the act and my divorce decree, could there be a reversal since she's been married for over 17 yrs?

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,092 satisfied customers
IS concurrent lump sum payment of CRSC regarded an marital

IS concurrent lump sum payment of CRSC regarded an marital asset for distribution, when that payment is made and for dates following the final divorce, if there has *not* been any reduction of Retirement benefits paid to the ex spouse?

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Lawrence D. Gorin

Attorney at Law

J.D. (Juris Doctor)

1,462 satisfied customers
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