Legal Question in Family Law in Texas

Military Dad avoiding child support

In November 2001, just 4 months after the birth of our 10 week premature son in Denver, Colorado, my husband told me to leave. I had no choice but to go to my Mother's home in Texas. I was unable to work for months because my son required frequent special daily treatments. My husband was refusing to file for divorce but insisted that I file in Texas. When I finally could afford to, I filed and he obtained a lawyer in Texas. The process lagged on and on and many times I thought it would finalize but it was delayed by various things requested from his attorney. He is in the military and has now left for Turkey for 15 months and refused to sign papers before he left. My attorney says we can do nothing and it is obvious to me that my husband did this simply to avoid to paying any child support for the 15 months. He has shown very little interest in even seeing his son and has seen him only one time since last November. Meanwhile, I can not afford a place to live and I have to struggle to support my son. Is there ANYTHING I can do to get some financial assistance from my husband?


Asked on 8/14/02, 2:51 pm

3 Answers from Attorneys

Brandon Manus Manus Law Office

Re: Military Dad avoiding child support

I haven't been in the military for some time, but I believe that you husband, if enlisted, should be receiving a basic allowance for quarters (BAQ) and some funds separate rations. This should be sent to his family for support. I suggest writing to his Commanding Officer if you know who it is or if you don't, write to "Commander" and then the unit he belongs to. It will get where it needs to go. If no response, then write to the Commanding General of the Base he is stationed at. Commanding General and the base address will get the letter where it needs to go. Commanders HATE to receive letters from their superiors that their soldiers aren't taking care of their family. Another place to send a letter is to the Adjutant General's Office and file a complaint. If all of those letters don't get results (and give it some time), write a letter to your Senator or Congressman.

Good Luck.

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Answered on 8/18/02, 5:03 pm
Fran Brochstein Attorney & Mediator

Re: Military Dad avoiding child support

Have you talked to his commanding officer?

As a spouse with a dependent child, I believe you are entitled to some money.

Each base is completely different but some of my clients have had excellent luck with their spouse's superior -- most people do not like the fact he is not supporting his child.

Also, are you using his military insurance?

Good luck!

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Answered on 8/14/02, 9:14 pm
Jean Sudduth Jean Sudduth, Attorney at law

Re: Military Dad avoiding child support

I am no expert on military law but I am an expert at being a military dependent. Call his base and talk to the commander of that base. Put your concerns on paper first. Get a trusted person to listen while you practice. You can get great results - no crying no hysteria - think of that old TV line, "Just the facts mam". If you do not get results (unlikely) write to the person in charge Commendant of the Marine Corps or whoever. You might give him a "just the facts call". His military career will be dead if he continues in this way. Good luck.

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Answered on 8/14/02, 11:28 pm


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