Military Child Support and Custody

Dear mpgoddess5:

Greetings. First, if DSS moves to intervene, it means that they are taking over enforcement. What will happen is that your husband will have an arrearage set up for him, an amount of past due child support to be paid in addition to his monthly amount. If this ever happens again, immediately see an attorney to file a Motion to Modify. Too many people just think that they cannot afford an attorney to help them when their financial situation changes and that the court will be lenient later, but this is not the case. The court can only back date a modification in child support to the date of filing the motion.

Now, your husband should file a Motion to Modify Child Custody, asking that the court grant him custody and allow her visitation. You will not have a kidnapping charge. If you all live in NY now, you can move the entire matter to NY.

Finally, the child support will be by the guideline amount. You cannot make her accountable for what she spends the child support money on, that is her option. Best of luck and let us know if we can help.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

My husband’s divorce was finalized in North Carolina in October after two years of marital infidelity on his ex-wife’s account (She slept with 5 different men in 6 months while he was deployed overseas, removed his daughter from the state in which he was stationed without his consent, etc.) as was his child support and custody done in North Carolina as well. When his ex-wife’s attorney calculated up his child support (at $406 monthly), the attorney based it on what he would be making in the military when he re-entered (%1814.10 monthly). However, his enlistment was delayed, and he never re-entered the military until just a few weeks ago. His child support was deliquent for that period of time, and DSS has filed a motion to intervene. What does this mean? Since he has recieved his first paycheck in May, we have been current with our payments.

My husband’s ex-wife has since remarried, and plans to take my step daughter out of state. Can this be prevented? We share joint custody. My husband’s ex-wife has denied him visitation, denied my husband from being able to take his daughter off the property where they live, and has made us sign under oath in front of a notary that my step daughter will be returned at such and such a time and date, or we will face kidnapping charges (some of this was done before a custody aggreement was instituted, and still continues now). I know that some of this is illegal, and violates our custody and visitation agreements, but we followed those guidelines because we wanted to see my husbands daughter, and if it meant complying with his ex-wife so we could see his daughter, we were willing.

Please help. I do not trust my husband’s ex-wife as far as I could throw a car. My husband has gone through so much junk with this woman, that he has even considered signing his parental rights over, just to spare his daughter any grief that her mother has caused between the three of them. This is the last thing he wants to do, but he wants his daughter to not have to grow up in that tense of an environment, and his ex-wife will never allow them to have a normal relationship. Please help. I am familiar with New York law, as I am a law student there, but I have never studied North Carolina Statutes. I am currently sifting through 50-13.4.

We are also questioning having his child support payment recalculated. His ex-wife remarried a soldier aswell, they live in free government housing, pay no power or heat bill, she has quit work aswell, so there is no day care expenses, no health care expenses, and my husband bought the car that she uses for transportation. Are we paying too much? Can we get a court to order her to be accoutable for the money she spends out of the child support? Please help!!