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  1. #1
    Join Date
    Aug 2009
    Location
    Naval Submarine Base, Groton, CT
    Posts
    2

    Default Can I Ask for Recoup of Spousal Support in an Uncontested Divorce

    My question involves divorce in the State of: Connecticut

    My name's Ken. I'm active duty in the Navy since March 2008. Long story short, I filed for divorce from my wife who I have not seen since I joined the Navy a year and a half ago. We have been married since Feb 2005. Before the Navy neither of us had a steady income or paid support. We basically eloped and lived in seperate states for most of our marriage. She has lived in Washington state since I left for bootcamp. No kids, no assets, no major debts.

    After bootcamp, my wife told me she was unfaithful and I told her to get lost. I was still a Florida resident until May 10, 2009, so I couldn't get a divorce in CT until then. My divorce papers were filed May 18, she did not respond to service. At all. Court ordered to serve papers by publication, so I did. No appearance or contact from her. Nothing.

    Meanwhile, in Feb 2009, she contacted the Navy saying I wasn't supporting her. I hadn't seen or spoken to her in a year. The Navy has a catch all manual for this situation (MILPERSMAN 1754-030 Click Here To View) that says the Navy recommends providing her with 1/3 of my take home pay. This is roughly $1000 a month. The Navy gave me an Administrative Counseling/Warning (AKA Page 13) stating "Servicemember has been instructed that it is his responsibility to provide 1/3 gross pay of $2914.70 a total of $971.57 will be paid to your spouse monthly." I fought it with the Navy, even went to congress asking for help. The Navy won. So I'm stuck paying $1000 a month to her until we are divorced in October.

    My security clearance is affected if I do not pay her, and the Navy has made it clear in writing that I can be administratively separated if I don't send the checks monthly.

    The total amount she has received since February is roughly $4000, because I was able to fight it for awhile and not pay.

    Now, my divorce is uncontested because she has evaded me and the court serving papers whatsoever. She seems to not care if we're divorced, just wants to cause problems.

    The Jag Office tells me to ask the judge for recoup of the money paid in support, since I don't know if she makes more than I do, plus there are no kids or family to be supporting. They say that $1000 a month is more than the court would have me pay if I had 3 or 4 kids and made twice the paycheck I do.

    Can I ask for recoup for these support checks in an uncontested divorce where she is not present on the court date?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
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    98,846

    Default Re: Can I Ask for Recoup of Spousal Support in an Uncontested Divorce

    What makes the divorce "uncontested"? That means both parties consent. If you demand something she doesn't want to give you, it's no longer contested.

    If you mean to say, can you ask for something and potentially win it by default if she does not appear, yes, that's possible - but she's entitled to notice and an opportunity to both respond and to appear and defend.

  3. #3
    Join Date
    Aug 2009
    Location
    Naval Submarine Base, Groton, CT
    Posts
    2

    Default Re: Can I Ask for Recoup of Spousal Support in an Uncontested Divorce

    I see what youre saying. I was told the divorce was uncontested by the clerk. I filed myself with the help of the Jag Officer on base. I'm not being represented by an attorney.
    The court has deemed that after sending her divorce papers to her last known residence, requesting information of where she lives or works, and receiving no response from certified letters to her relatives, friends, or former employers. As well as consulting address directories to contact her, and verifying by letter with all of the armed forces that she has not enlisted, that she is simply evading service of papers. The court then ordered that an ad be ran for 2 weeks in the newspaper in the town of her last known address, and that would be satisfactory notice of divorce papers.

    So essentially, I'm asking if she is considered to have notice of the divorce, and still doesn't file an appearance or show up on the court date, can I ask for recoup of the support that the Navy recommends I provide?

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