Temp Change Child Support/Custody Military Deployment


#1

Rosen Attorneys,

I have been legally divorced for some time now and my Ex wife and I have been awarded joint custody over our daughter. My ex is currently the Custodial parent and I am the Non Custodial parent currently paying child support. However, she is in the military and is now deployed. Our Custody court order states that I should have physical custody of our daughter until she returns, but states nothing about me receiving child support while she is gone. Here are my questions:

(1.)Since she will be deployed for eight months, is she legally required to pay me child support?

(2.)The order gave me physical custody for the duration of the deployment and she IS deployed BUT, I still have a court order to pay her child support. Would I be in contempt of court for not paying?

(3.)Will or Can the court grant me an interim/temporary child support order since I’ll have to pay for all expenses, daycare etc.? If so what motion?

(4.)It also states in the court order that I have to return my daughter to my ex within 10 days of her return. Is there any way I can get something passed in court which will allow my daughter to finish out the school year with me? My daughter is starting school with me and my ex will be getting back about a month and a half to 2 months before my daughter completes the school year.

(5.)Finally, there is the issue of taxes. Our court order states that my ex gets to claim my daughter every year for taxes. Is there any way that I can claim her for either the coming year or the year 2011 being that she is going to be living with me for 8 consecutive months plus an additional 6 weeks in the summer?

Thanks,

Onelovingfather


#2

(1.)Since she will be deployed for eight months, is she legally required to pay me child support?

To change support you will need to file a motion to modify child support based on the change in circumstances.

(2.)The order gave me physical custody for the duration of the deployment and she IS deployed BUT, I still have a court order to pay her child support. Would I be in contempt of court for not paying?

Yes, you must follow the order as issued.

(3.)Will or Can the court grant me an interim/temporary child support order since I’ll have to pay for all expenses, daycare etc.? If so what motion?

You must file a motion to modify child support.

(4.)It also states in the court order that I have to return my daughter to my ex within 10 days of her return. Is there any way I can get something passed in court which will allow my daughter to finish out the school year with me? My daughter is starting school with me and my ex will be getting back about a month and a half to 2 months before my daughter completes the school year.

This will require a motion to modify the current custodial schedule.

(5.)Finally, there is the issue of taxes. Our court order states that my ex gets to claim my daughter every year for taxes. Is there any way that I can claim her for either the coming year or the year 2011 being that she is going to be living with me for 8 consecutive months plus an additional 6 weeks in the summer.

No, the order is clear on this issue.