A commanding officer may relieve the Marine of the support obligation in certain extenuating cases. These types of cases may occur where the Marine cannot determine “whereabouts and welfare of the child concerned,†the civilian spouse committed documented physical abuse against the Marine, or the family member to whom the support obligation would be owing is in jail.
11. What is the best tip that I can use to collect child support from my “deadbeat†husband who is also a servicemember?
Whenever possible, use the military command structure to assist you to collect any child support or spousal support. If the lowest unit commander cannot help you or if he or she does not respond, then take your request to the superior of that officer. Document your requests, keep records, and use fax or e-mail transmissions whenever possible to send your requests and communications.
12. My ex-girlfriend has filed a child support case against me. I am now stationed in Iraq. Can I contest the determination of the paternity for the child?
In many child support cases, a preliminary consideration is the determination of the paternity of the child. Any litigation as to the paternity may be barred by a prior judicial determination establishing the servicemember as the father of the child. The most common example is the adjudication of paternity that is present in most divorce judgments. It is usually an essential element necessary to obtain a judgment for divorce. Likewise, it is an essential finding in the divorce judgment. The purpose of this requirement is to bar a subsequent litigation of paternity matters that should have been settled in the divorce case. Accordingly, the court will ordinarily deny any attempt by the former husband to reopen the issue of paternity as to the children shown to be his on the face of the divorce judgment. The servicemember also may be estopped from litigating paternity if he has signed a paternity affidavit or an acknowledgment of paternity.
If a servicemember has never acknowledged paternity in either a divorce case or a prior child support hearing, then he may have a right to a paternity test. In New Jersey most paternity tests are performed by Cell Mark labs. These tests are very simple, and the lab techs take a swab from the servicemember’s mouth. The DNA obtained from this sample is then compared with the DNA obtained from the child’s sample. The paternity results are usually available in 30 days or less. The cost to conduct the paternity test is usually around $250. The servicemember will have to pay Cell Mark directly to conduct the paternity test. If the test results are negative, then the State of New Jersey will reimburse the servicemember for the costs. If the paternity test reveals that the servicemember is the parent, then he is responsible for the costs to conduct the paternity test.
Garnishment of Military Pay
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