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Im so farking pissed

pissedoffinNC.'s picture

DH gets a plane ticket and wastes leave time for this dirt bag?? AAAAAAAAAHHHHHHHHHHHHHHHHHHHHH!!!!!!!!!!!!!!!!!!!!!!!!!! The court didnt do a damn thing for DH. He waited all day and then they told him that he should pay more.. there is no way thats possible because it was SUPPOSED to be lowered like a year ago and it never was.. supposedly D.O.R didnt get the court order. DH said that he wouldnt comply with any of it.. every time he made a point.. the judge ignored him. Sooooo.. now, they have a hearing date in Aug. DH is gonna try her I think in July in a different county. I'm pretty sure he can do that. We all think she has strings over there at the other courthouse.. guess whos parents work there.. hhhmmmm... YEAH. But he told me that her jaw hit the floor when she saw him at the courthouse.. I guess she didnt expect him to show up.. or at least she was hoping that he wouldnt so she would be awarded everything without a fight from DH. Her jaw also hit the ground when the judge straight up told her that she was not entitled in any way shape or form entitled to his bonus money. So, yeah, any suggestions besides the fact that we are getting a cut throat lawyer for this hearing coming up? She represented herself and so did he. I dont think she plans on getting a lawyer because she cant afford one. Lets hope my luck is that good and her karma is FINALLY catching up to her.

Comments

Nette5's picture

I think it's called a "change of venue". The BM here got court changed to a different town because it was moved to the town she lived in. If you can change location make sure you get a different judge too. In Idaho, the judges travel to different counties. Maybe you can get court changed to a more middle location. The biggest thing is making sure you get a different judge. Good Luck!!!

ColorMeGone2's picture

Get an atty who is familiar with the military, because you want someone familiar enough with military pay and benefits to be able to protect DH. Don't let them count BAH, don't let them count hazard pay, don't let them count any of the "extras" we get. Only let them count his base pay.

Whichever county the current orders are filed in is the one that has jurisdiction. If you get divorced in Smith County and your divorce decree, including child custody and support orders, are filed there, then you can't go to Jones County seeking a more fair judge. You have to stay with the same court, unless you can request a change in jurisdiction based on the children having moved to a different jurisdiction.

♥ Georgia ♥

"Good men don't just happen. They have to be created by us women." (from ROSEANNE)

frustratedinMA's picture

Georgia.. Are you serious???? they are only supposed to calculate it based on the BASE PAY?????

I am going to be freakin sick. DH has been paying on the sum of all his pays. BAH, Base Pay, CLOTHING ALLOWANCE, Sea Pay.. OMG.

This tells me that my dh has been DRASTICALLY over paying for close to 7 yrs.

I am literally going to be sick.

pissedoffinNC.'s picture

Its crazy because like they briefly go effing deaf when we tell them that its supposed to be based off the base pay. I'm going to find a clause from the military stating also. They cant deny the clauses for the military can they? When the judge asked her why she had a restraining order on him she said because when she asked for more CS DH told her that if she couldnt support their daughter he could and he would take full custody.. but she worded it as " he threatened to take away our child" and the judge told her it was stupid for her to have a restraining order and hold their child from him over some stupid argument they had and that she didnt get her way. DH is going to the courthouse to see how to get that lifted tomorrow.

"Never argue with an idiot; they'll drag you down to their level and beat you with experience."

ColorMeGone2's picture

They CAN use everything (including BAH), if the state guidelines go by "gross" pay, but I'm suggesting you try to fight it and maybe get them to leave out anything above and beyond base pay. Maybe you won't win, but you can try. When we went through this, we decided to move into base housing to eliminate the BAH before our court date, but ever since they privatized housing, I don't know that that's the better deal, anymore. The argument you can use, though, is that he receives BAH because he is married to you. That money is to offset the cost of providing housing for dependents who reside with him at least 50% of the time. If SD is not living with him for at least 50% of the time, then he does not qualify for extra money to house her. The money to house her (meaning child support) would come out of his base pay. Stand firm on this one.

I know that when there is no court order stating how much CS has to be, the USMC guidelines is no more than 1/3 of the Marine's base pay. That's still a lot. I may be wrong on this, but I think when there is a court order, it can be up to 55% of the base pay, which is ludicrous. Allowances, bonuses and any extra pays (flight pay, hazardous duty pay, etc.) cannot be garnished for non-payment of CS. I know bonuses cannot be considered for CS. Fight hard on the BAH.

♥ Georgia ♥

"Good men don't just happen. They have to be created by us women." (from ROSEANNE)

CplStv's picture

This is WHY There's a Legal Dept. Consult the JAG's Office, if Your Navy/Marine, or the Army/Air Force equivilant, which I can't remember offhand at the moment. As Milpers, He isn't Subject to Most Civilian Legal Flack, The UCMJ Overides Them, as it's FEDERAL LAW...I'm Pretty Sure He should be able to Request Military Legal Counsel/Representation, too, unless They've changed the Rules since I last knew definitely, which was a while ago, I'll try to remember to ask a freind who would know...

Steve

Kids are the Best and Worst Things We can do to Ourselves. When We have nothing else worth living for, We'll go on, for Them, but Oh How We Miss Our Freedom...LOL