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  1. #1

    Default Re: Ncp Refuses to Pay Chid Support

    the case manager siad that after calculating my income and childcare expenses and calculating his income and splitting the costs that he was obligated to pay 609.00 a month. he told he he couldn't afford it and she asked me if i would agree to lower the amout and i said yes to 509.00 he said he couldn't afford that either. and i said i wasn't lowering it anymore and she stated that since we couldn't agree on an amout that he would have to take me to court. i asked her about back child support and she said thae state of GA no longer acknowledges backpay. and i did speak with his chain of command and they made him go down to the CSE office. because he tried to deploy without even going to try and settle. i don't know what else to do and everytime i call the CSE office they say they can't do anything until he comes home. and when he does we have to wait to get a court date. and the thing is i deploy to korea 2 months before he returns back

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Ncp Refuses to Pay Chid Support

    When you say "back pay" are you referring to the money he hasn't paid since the order was made, or are you talking about a time before you filed/before it was ordered?

  3. #3

    Default Re: Ncp Refuses to Pay Chid Support

    before it was ordered

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Ncp Refuses to Pay Chid Support

    There's a difference between back pay - which is arrears, basically - and retroactive support. What has happened is that you've been denied retroactive support.

    So, is there actually an ORDER in place? Or were you still in mediation when he deployed?

  5. #5

    Default Re: Ncp Refuses to Pay Chid Support

    in mediation. they didn't set the court date because he was due to deploy. what can i do at this point is there anything

  6. #6
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Ncp Refuses to Pay Chid Support

    There's the problem. If you already had an order in place, you would be able to enforce the order even while he's deployed.

    But since he's deployed and there's no court order, the SSCRA does protect him (assuming he actually invokes it - it's not automatic. You might want to mention that to CSE? That's really your only hope from what I can gather).

    Failing that, you'll have to wait until he's back or he appoints an attorney to represent him.

  7. #7
    Join Date
    Sep 2009
    Location
    Minneapolis/St. Paul area
    Posts
    497

    Default Re: Ncp Refuses to Pay Chid Support

    Perhaps I can offer a silver lining: There is nothing (as far as I know) that is preventing you from immediately filing your petition for a court hearing. Granted, the hearing won't occur until he returns or appoints an attorney, but the child support is typically ordered effective as of the date that you filed.

    Also, if you don't have an attorney, you may want to look into retaining one since you said that you will be leaving shortly before he returns so that you don't have additional delays on your case.

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