In January, my 17 year old son got into legal issues and mother refused to take him back to try to get the court to help her since he ran away, drank, and totalled a vehicle on a suspended license. The juvenile court blamed mother and put child in a foster home then a alcohol treatment facility which he got kicked out of. I am on active duty in the army stationed at Fort Benning, Georgia and was on temporary duty in Alaska at the time of the hearing. Furthermore, I was never consulted or given the opportunity to provide physical custody. My parents live in Waynesville, MO and were willing to take him for me. But that wasn't even considered, and I don't know why or if I have any legal recourse because of this.

Now, Kansas has reviewed my child support and increased it over $400 dollars based on my income as a Sgt. First Class effective 1 June 2005. However, effective July 19, 2005 I am officially retiring and my pay will be cut in half. I will virtually be paying 3/4 of my retirement pay to child support.

In addition, my son took his GED at the end of May and if he passed it, will he be considered emancipated? Will I have grounds to recoup any child support that is garnished since he became emancipated prior to the effective court ordered child support increase?

He is currently in Job Corp and none of the money will go to him, all will go to Social Services. What can or should I do? A

lso, he will be 18 on 27th of September. If he is in Job Corp past his 18th birthday, will child support still be taken? I am currently trying to get all of my appointments for VA benefits for disability prior to retirement.

I just think that this is a load of crap since I have paid diligently for 10 years. Of course the mother has to pay child support too, but she is considered a farmer and homemaker and only owes $100.00/month to my $800.00/month. Please advise. Thanks

The court cannot consider what they do not hear. Contact JAG legal assistance and they should be able to assist you for free. Ask them to prepare a petition for you to obtain custody of your child. You will need to go back to KS for the hearing and if custody is granted, you will need to go pick up the child with your parents and take him there to get him settled. JAG should be able to prepare a power of attorney for you to provide your parents to care for the child with legal authority on your behalf. You should also make provision and seek a negotiation by JAg with KS child support officials as to the amount of support that you owe. The projected increase should be rescinded if you get custody of the child, then it is a matter of settlement of any arrears and it sounds like you are current. However, you may still get stuck with back support even if you get custody of the child because they may try to recoup costs of foster care and any public aid rendered to the child. Good luck.
Also, you may want to contact JAG Legal Assistance at Ft Riley or at a base closer to where the child is at in KS, since they may be better able to represent you and may be able to represent you in court also.

Thanks. Only one problem, the support they are seeking now is only until he's 18 or emancipated. Therefore,if he's passed his GED then he's no longer consdered a child, or does it not matter in Kansas? If he's considered an adult effective the date he completed his GED then will there be any point in petitioning for custody? Also, there were never arrears owed for child support, I was always current and on time. Support was taken out of pay by allottment since the divorce. But the state accrued some big bills with the rehab facility and foster care, etc.... so, can they come back and sue me to try to recoup that even though they denied my right to custody initially. Doesn't the soldier-sailor act protect me since I was TDY when they had the social service hearing? Which direction should I go? Thanks again.

Last I checked, passing the GED has nothing to do with being age 18 or declared emancipated by a court. Also, Soldiers and Sailors Act protects you, but when kids need help, they need help and they cannot put it off because you are off in the military. I am not discounting the importance of your service, but as a practical matter the child is growing up and had problems that required him to go to court, so while you have a legal excuse to be excepted from service requirements, the court felt they had to act and it sounds like they needed to so they proceeded without you. If your parents could be listed as parties to contact in your stead, maybe they could have been at the hearing and the outcome different earlier but that is hindsight. You have to decide which way to go. No one can do it for you. But you may want to get things, so that you find out about things easier and stay more connected to the child and his life. You likely will have to pay back some or all of the costs of rehab and aid, but if you assume custody, maybe some of that will be reduced.

hi

most states have statute that reads 18 or graduated which ever comes last.

you would still be responsible for support even if he passes ged until age of 18

but check your state rules

www.deltabravo.net/custody

go to your state info

it supplies emancipation info and support info