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Can Child Support be modified if father stationed overseas? Oklahoma

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  • Can Child Support be modified if father stationed overseas? Oklahoma

    Hello, I live in Oklahoma and have full custody of my son. My ex is in the Air Force, and was active duty at the time we were married, and is still active duty. We divorced March 8, 1999, and child support was ordered at that time. In 2001, he requested a change in units so that he could go overseas. He is now stationed in Italy. We have not had the child support order modified since our divorce almost 8 years ago. He is now making more than double what he was at the time of the divorce, while I am making half of what I was. He has constantly reminded me that he is protected under the Soldiers and Sailors Act, so that I cannot have Child Support raised. I have not complained until recently. He had been sending an extra $120 each month, due to the fact that he was making so much more. We agreed to that in writing by email, and I do still have that email, although it was not awarded by the Court. He has now remarried and told me he wants the money for his new wife, and I could just deal with it. He has told me that he will be staying overseas until our son turns 18, so that he will remain protected. So my question is, can I do anything about this? He lowered the amount without telling me he was going to do so, and because of it, my son will have to drop his sports and Boy Scouts, because without the extra, we cannot afford the expenses for them. I have tried to tell my ex what this has done to our child, and he just tells me it's my own fault for not improving my finances since the divorce. I recently finished college and got my Real Estate license, and my current husband will be finishing college next year. He will be becoming a Police Officer. (we both went to college on Pell Grants and grants for my husband's disability, so no money has been spent from our budget for school. Everything we have left after bills goes for our children) We have struggled quite a bit for the last year, knowing that in the future, our children will have better lives; we simply need the extra help for now. It kills me to tell my son that he can't do something that every child should be able to do, just because my ex decided to take advantage of a loophole. I have been doing some reading, and everything I can find about the Act talks about servicemen whose income went down when they were sent overseas, while my ex's went up. It also talks about obligations incurred before the serviceman became active duty, while this was done after. He also refuses to give me any information on where he is, other than that he is in Italy. I have no phone number or address for him, only a Yahoo email address that he checks every 2-3 weeks or so. Any advice?

  • #2
    Originally posted by bulletrig View Post
    Hello, I live in Oklahoma and have full custody of my son. My ex is in the Air Force, and was active duty at the time we were married, and is still active duty. We divorced March 8, 1999, and child support was ordered at that time. In 2001, he requested a change in units so that he could go overseas. He is now stationed in Italy. We have not had the child support order modified since our divorce almost 8 years ago. He is now making more than double what he was at the time of the divorce, while I am making half of what I was. He has constantly reminded me that he is protected under the Soldiers and Sailors Act, so that I cannot have Child Support raised. I have not complained until recently. He had been sending an extra $120 each month, due to the fact that he was making so much more. We agreed to that in writing by email, and I do still have that email, although it was not awarded by the Court. He has now remarried and told me he wants the money for his new wife, and I could just deal with it. He has told me that he will be staying overseas until our son turns 18, so that he will remain protected. So my question is, can I do anything about this? He lowered the amount without telling me he was going to do so, and because of it, my son will have to drop his sports and Boy Scouts, because without the extra, we cannot afford the expenses for them. I have tried to tell my ex what this has done to our child, and he just tells me it's my own fault for not improving my finances since the divorce. I recently finished college and got my Real Estate license, and my current husband will be finishing college next year. He will be becoming a Police Officer. (we both went to college on Pell Grants and grants for my husband's disability, so no money has been spent from our budget for school. Everything we have left after bills goes for our children) We have struggled quite a bit for the last year, knowing that in the future, our children will have better lives; we simply need the extra help for now. It kills me to tell my son that he can't do something that every child should be able to do, just because my ex decided to take advantage of a loophole. I have been doing some reading, and everything I can find about the Act talks about servicemen whose income went down when they were sent overseas, while my ex's went up. It also talks about obligations incurred before the serviceman became active duty, while this was done after. He also refuses to give me any information on where he is, other than that he is in Italy. I have no phone number or address for him, only a Yahoo email address that he checks every 2-3 weeks or so. Any advice?
    I don't know much about military CS issues, but there are several senior members who do. It might take them a few days to respond, but they should be along with some answers soon.

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    • #3
      If he is stationed overseas and not TDY, then yes, the order can be modified. He has access to legal represntation on base. His new wife is not a legitimate obligation to impede with modification of child support. She can get a job if she needs more money. Your ex's responsibility to his child comes first.

      Do you know where he was stationed before he went to Italy?
      Last edited by mommyof4; 02-05-2007, 08:34 AM.
      HOOK 'EM HORNS!!!
      How do you catch a very rare rabbit?
      (unique up on him)
      How do catch an ordinary rabbit?
      (same way)

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      • #4
        Since he requested to change units in 2001, he has refused to tell me anything but the country he was in. He was in Korea for a while, and before that, he was somewhere else, but at that time he wouldn't even tell me the country. He did go TDY for a short time to Jordan soon after 9/11, but he was home after about 3 months and as far as I know he has not gone back since.

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        • #5
          I agree with a previous poster... if he is stationed at a base in Italy, then he is not protected under the Sailers and Soldiers Relief Act. I think he has to be on temporary duty. Even so, my husband was denied a change of date for his custody court hearing while he was TDY even though he filed under that act. His ex claimed that since he is stationed in Georgia and the court hearing was in Ohio that he wouldn't have gone anyway (he really couldn't go when he was on a TDY to Saudi Arabia).

          The big base for the Air Force is in Aviano, Italy...

          My husband is in the Air Force and he might be able to look up your husband in their global directory and find out what base he is at.... if you wanted to tell me his first and last name... just let me know.

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