Child support and the army?
My child's father was ordered to take a paternity test and pay child support by his chain of command. He now has a new 1st sgt, and says he is making him cut out his BAH. He was married until recently, so he says that is where the difference is coming from. He claims he has been advised by JAG to stop paying for a while, and cutting his BAH down to partial. I need to know how much of this is Bologna, and how much is true. He has not been in her life much, though I have been trying to take her to see him and everything, but he always has something else to do like going on dates. I don't know what to do at this point. My husband is military as well, but he is in Iraq right now, and I don't want to bother him. Please, any advice, especially if you are stationed at Ft Bragg, that is even better. Thank you.
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i almost was in the same situation as you except now me and my daughters dad are on good terms to the point where he pays on his own. since you say he was made to get a dna test buy his chain of command then that makes it even easier. take the results to court and get a court order. after doing so, take the documents up to finance. but before doing that make your child a bank acount in his or her name. take the nabk information up to finance also. there they will start paying him bah differential which is basically enough for the amount of child suppory authorized. they will then set it up where it will be showing on his les as though he is getting paid that amount but he will never see the money cause it will go to you child’s account and he will have no type of access to it. as far as jag telling him to stop pying for awhile, thats bs and if it true who ever said it should get in trouble. i suggest you go to jag yourself and talk to someone from there because non of what was said makes sense. good luck to you and hope everything turns out well
Child support is court ordered. His 1st Sgt has nothing to do with it.
The regulation that governs child support is AR 608-99… you can google it and do some research. Then, call the base IG.
If the child support is court ordered, he has to pay it. It makes no difference if he draws BAH or not (although he is entitled to partial BAH to pay his child support). Sounds like he is trying to get out of paying.
Edit: his command ordered him to pay? That’s not legally binding. You need a court order.
Alot depends on whether there is a court order or not. Someone before me mentioned looking at Army Regulation 608-99 which is the best advice. Additionally if you are a military dependent yourself, whether your military spouse is deployed or not, you are entitled to legal assistance. Even if he has sought legal assistance from that office, they are required to find you another attorney. Talk to a professional and don’t believe the other party. He will tell you anything to keep you from going to his command.
If the child is his, then I’d get a court order directing him to pay child support. DFAS will garnish his wages, send the $$ to the state and on to you.
If the child is his, I doubt JAG would tell him to stop paying support. He is authorized BAH-Diff if he is living in the barracks and paying child support. If he is off post, he would get the full w/dep rate.
I would go to your Family Support Center on Bragg and ask these questions.
if his child support is court ordered then its the courts who say how much you get not the 1st sgt or jag. if your child support has been lowered then he would have had to go through the courts to lower it and show proof of why it should be lowered. if you do not get child support through the courts i highly suggest that you go file now.
We are currently stationed at Ft. Bragg. My husband is a SGT at Womack. I think he’s feeding you a line a bologna. Since your husband is in the army you probably know that BAH is given at a married rate and single rate, however Ft bragg doesn’t typically pay BAH to single soldier under E6. Your ex will continue to get paid for his dependent weather she is with him or not. It maybe true that his BAH has been cut if it is cut down to the single soldier rate depending on his rank it went down aproxx 200 dollars. Anyway, I can not believe JAG advised him to pay less than what he has already been ordered to pay. At the least it seems like he is guilty of failing to obey a direct order. New first Sgt or not, he is still required to pay . If I were you I would contact his command, and if they refuse to cooperate, you can always file an IG complaint. Espically if you have a court order. Now if you don’t have a court order you need to get one before he goes to Iraq, you will not beable to "take him to court" while he is deployed and will have a tuff time trying to corrdinate with rear-d and ground command if he is not paying while he is gone. If there is anything else I can do to help you please IM or e-mail me. good luck to you.
no court order, he is NOT required to pay you anything. If he is now single he does NOT qualify for BAH if he lives in the barracks unless there is a court order forcing him to pay Child support.