Legal Question in Family Law in North Carolina

Re: Former spouse sends email to my supervisors making accusations of unpayed ch

You case is complicated due to several issues and several pieces of legislation: the agreement (contract), its enforceability, the Soldier and Sailor's Relief Act, and the Status of Forces Act.

First of all, you, your supervisors and your JAG officers should be very concerned for your privacy. Any one can obtain a Yahoo account simply by signing up for the service. There is NO way of verifying whom the sender is without a subpoena for Yahoo's records. Without your ex-spouse's legal representative contacting the superiors and JAG officers, no information should be dispersed by your superiors or the JAG officers regarding anything regarding you especially not to someone using a free email account. BUT, if they are contacted by the proper authorities they have the authority to order you to turn over the information or make your information available.

Secondly, you are correct. Your ex should institute a suit for child support or file a complaint for breach of contract. That will cost them and you money and time. You do have to be served personally, but that personal service can be effectuated via APO.

Third, if you are not in compliance with the support provisions of the agreement, no court is going to find that your former spouse "harassed" you about paying and even so, would also finding that you violated the agreement by failing to make payments as agreed.

Fourth, it is usually much cheaper and easier to pay according to the agreement than to go through the court system. If that happens, absent relief through the Soldier and Sailor's Relief Act (SSRA), which can postpone some litigation and stop some altogether, you are going to have to fly back to Hendersonville to deal with all the court appearances, costs, attorney fees.

Fifth, given all the above, as a member of the military, you are not in any position to tell you superiors what they can and can not do. Ask the JAG officers for as much assistance as possible and try to settle the matter that way. There is no sense in jeopardizing your career for a few privacy issues related to child support.

Sixth, as the armed forces are in flux at the moment, if you have been called up for military service and are no longer receiving the salary you were when you signed the agreement (essentially a contract), there may be relief available through the SSRA. Ask your JAG officers about that issue only if the reason any payments are late/not paid is due to being called up from a civilian position that paid significantly more than you are making now.

Lastly, Good luck over there we are all thinking about you men and women, Semper Fi!