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bcampbe7
11-21-2007, 04:19 PM
If anyone in the Oklahoma City, OK area can provide some "off-the-record" legal advice regarding child custody please PM me.

In short-
I have a good friend that has been deployed to Iraq and his "lovely" ex-wife is threatening to take him to court (while he is in Iraq) to get more money. He has already agreed (through his lawyer) to pay more child support while in Iraq, but she wants more. They have 50-50 custody and she is saying that if he doesn't give more money she will take him back to court to get full custody. I am trying to help him out in any way that I can while he is in Iraq. Any help would be greatly appreciated.

6ballsisall
11-21-2007, 04:35 PM
So let me get this straight, your buddy is overseas on duty fighting for our country on enlisted wages and the "lovely lady" has the balls to ask for more money or else???

Someone needs to tell this lady to not piss in her wheaties.......:mad:

Ric
11-21-2007, 04:39 PM
I get the feeling his buddy is overseas as a contractor and exie wants to cut him up

milkmania
11-21-2007, 04:40 PM
Can't
Understand
New
Things

JBaker
11-21-2007, 04:54 PM
On the record, tell her to *%$# off and eat #$@*!

This makes me sick. Sorry I can't be of more help.

Footin
11-21-2007, 04:58 PM
I would love to see this one go to court in front of a "retired military" Judge.

BriEOD
11-21-2007, 05:04 PM
Unfortunately, this is one of countless stories I have seen on this topic recently. Not to long ago, I saw one about a female Army officer who could not regain sole custody of her daughter post-deployment. Makes me want to throw up. They reserve special spots in hell for your friends ex-wife. I'm sure he doesn't have enough on his mind. Tell him to speak with a JAG and to review the Soldier's and Sailor's Act.

bcampbe7
11-21-2007, 05:04 PM
Yeah, buddy is in the Navy and has been deployed to Iraq. Ex-wife is a real piece of work. :mad:

He is afraid that if she takes him to court she will get an automatic ruling in her favor because he will not be able to be present. Anyone know if something like that is true? I wouldn't think it could be, but you never know.

milkmania
11-21-2007, 05:09 PM
He is afraid that if she takes him to court she will get an automatic ruling in her favor because he will not be able to be present. Anyone know if something like that is true? I wouldn't think it could be, but you never know.

let's all go take a look.......

http://www.google.com/search?q=father%27s+rights&start=0&ie=utf-8&oe=utf-8&client=firefox-a&rls=org.mozilla:en-US:official

milkmania
11-21-2007, 05:17 PM
**Some military men's service costs them their children. The federal Uniform Child Custody Jurisdiction and Enforcement Act provides that if a parent moves a child to a new state, that new state becomes the child's presumptive residence after only six months.
**Because a normal military deployment is six months or more, if a military spouse moves to another state while her spouse is deployed, by the time the deployed spouse returns the child's residence has been switched, and the spouse who moved the child is virtually certain to gain custody through the divorce proceedings in that new state.
**The restrictions on military personnel's ability to travel, the high cost of legal representation, and the financial hardships created by child support and spousal support obligations make it difficult for returning service personnel to fight for their parental rights in another state. Many struggle to even see their children, much less remain a meaningful part of their lives.
**To solve the problem, the federal Servicemembers Civil Relief Act of 2003 (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act) must be amended to specifically prohibit the spouses of active duty military personnel from permanently moving children to another state without the permission of the active duty military spouse or of a court.

In addition, the UCCJEA needs to be modified to state that the presumption of new residence does not apply if the children are taken in this wrongful fashion.



A third family law problem exists for fathers who serve as reservists and who have child support orders. Support orders are based on civilian pay, which is generally higher than active duty pay. When called up, a reservist sometimes pays an impossibly high percentage of his income in child support, which hurts his current family. Because those who fall behind in child support are charged stiff interest and penalties, a returning reservist may spend years working to pay off arrearages incurred during his service overseas. Worse, some could even face arrest and incarceration.


The solution is legislation like Missouri's, which requires that reservists’ support obligations be automatically adjusted when they are called up for active duty. The Illinois legislature is currently considering a bill to address this issue.


Navy veteran Taron James, who has joined with 600 other victimized veterans and their families to form the activist group Veterans Fighting Paternity Fraud, believes the injustices caused by current domestic relations law constitute a breach of faith with military men and fathers.



He says:
"It's understood that when soldiers go off to serve they shouldn't have to worry about being taken advantage of while they're absent. Some of the guys making sacrifices abroad while being put through the ringer here at home must be wondering why they bothered."

from here:
http://www.newswithviews.com/Sacks/glenn2.htm

Ric
11-21-2007, 05:18 PM
Yeah, buddy is in the Navy and has been deployed to Iraq. Ex-wife is a real piece of work. :mad:

He is afraid that if she takes him to court she will get an automatic ruling in her favor because he will not be able to be present. Anyone know if something like that is true? I wouldn't think it could be, but you never know. I am no lawyer and we have all heard some ridiculous custody stories, but how do they go to court and get "more"? If he is making more, she can get more, but if he's deployed enlisted, he's probably not getting rich, so the broad may be doing nothing more than pushing his buttons... seems to me he could get representation even whilst deployed, but again, I am no lawyer.

cbryan70
11-21-2007, 05:20 PM
If he doesnt show up in court she gets what she wants through a default. The only thing she would have to have him served with papers to notify him of this i beleive....that could be interesting if this is true. Im in a little different situation but not showing up to a court date basically means you get screwed

Farmer Ted
11-21-2007, 05:21 PM
If anyone in the Oklahoma City, OK area can provide some "off-the-record" legal advice regarding child custody please PM me.

In short-
I have a good friend that has been deployed to Iraq and his "lovely" ex-wife is threatening to take him to court (while he is in Iraq) to get more money. He has already agreed (through his lawyer) to pay more child support while in Iraq, but she wants more. They have 50-50 custody and she is saying that if he doesn't give more money she will take him back to court to get full custody. I am trying to help him out in any way that I can while he is in Iraq. Any help would be greatly appreciated.


Soldiers and Sailors relief act,

tell him to go talk to the legal office, he has all the legal advice he needs at his finger tips free of charge

cbryan70
11-21-2007, 05:23 PM
what i dont understand if he actually has 50-50 PHYSICAL custody he shouldnt be paying any child support. Unless once he got deployed it switched over. Just to be clear 50-50 custody doesnt mean that its 50 50 time spend with kid alot of times it means 50 50 say in religion school things like that

BriEOD
11-21-2007, 05:34 PM
Soldiers and Sailors relief act,

tell him to go talk to the legal office, he has all the legal advice he needs at his finger tips free of charge
Is there an echo in here? :D

Farmer Ted
11-21-2007, 05:44 PM
Is there an echo in here? :D


great minds think alike?

helps to read the thread prior to posting?

BriEOD
11-21-2007, 06:50 PM
Door #1.........:D

bcampbe7
11-21-2007, 11:05 PM
Thanks for the information gents! I really appreciate it and will get him the info.

tex
11-22-2007, 11:33 AM
I know some people here in Texas that could fix this problem. They would not be lawyers!

JimN
11-22-2007, 12:34 PM
At some point, someone should walk up to this biatch and....

"...for better or worse, in sickness and health, richer or poorer, until death do you part...."

Somewhere, somehow, people need to be reminded that it takes two to make a marriage work, not just one who is the "provider" and one to take most of what he has when she decides that "it's just not going to work out".

How about getting a group of military wives and widows together with some of the younger wives/girlfriends, so they can explain that the women have a duty to perform for their husbands? That duty is to support them when they're together AND apart. The guys don't necessarily want to be there, but duty calls and they answer. One difference is that the wives and GFs generally don't have to dodge bullets and look out for IEDs. Their risk of death is "somewhat" lower. I assume it increases exponentially when they pull this kind of shyte.

This guy's ex was never going to "be there for him", anyway. What a POS.

JimN
11-22-2007, 12:36 PM
"I know some people here in Texas that could fix this problem"

What's the cost of materials- about 16?

BriEOD
11-22-2007, 03:04 PM
Great perspective, as always, JimN.

Food for thought:

All of the military services have been heavily taxed with Iraq and Afghanistan over the past 6 years. However, maybe none harder than the Army. I was speaking with an Army officer recently who had just returned from Iraq after an 15 month tour. His unit was already scheduled to redeploy to Afghanistan for a 12 month + tour in early 2009. I cannot speak overly intelligently about the operations tempo of the Army, but with that said, I would guess that this scenario is about the average now for the Army. Between 2006-2010 the gentleman mentioned above, will have spent more time away than at home. At some point this is going to have some type of impact (mainly adversely) on marriages and children. I'm not advocating for anything pro/anti war, but I hope (my personal opinion), the good of what our military is accomplishing over seas is worth the pains and troubles we have created in the widows, children and ex-spouses of our military members over the past 6 years.

FWIW