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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 19304
Experience:  Lawyer and current JAG officer.
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I am a wife of a national guard soldier we have been

Customer Question

I am a wife of a national guard soldier we have been separated for a little over two years he hasn't paid child support but he has been getting paid for myself and our two boys is there something I can do? Thanks
Submitted: 1 year ago.
Category: Military Law
Customer: replied 1 year ago.
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Expert:  Allen M., Esq. replied 1 year ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

When you are talking about a national guard individual, there isn't much their command can do. They are not regular duty and so the commander has less control.

While it is true that a soldier is supposed to provide support for their family members, that only refers to the money that they receive when they are on duty. If your husband is national guard, but full time, then that would help a lot.

You just need to contact his commander and you can find that out by calling the location where he drills and speaking with that unit's JAG office to complaint about lack of financial support for his family.

However, the best way to do this is really to get a civilian order from a court for child support. That can be enforced through DFAS and garnishment and the court's powers of contempt, something much more useful than a commander yelling at him.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Expert:  Allen M., Esq. replied 1 year ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.