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Is there any possible way my husband can get credit for his child support payments made during deployment?

Harrison, AR |

Hy husband divorced while on deployment. He wired payments to his ex wife up until the deployment pay stopped. After he got back and started working a regular job, he gave her cash. 3 years after the divorce, he moved about an hour and half away and it was at this point she opened a child support case. She never reported any of the payments he gave her. She claims he never paid any support. He knows he cannot argue any cash payments, but child support (Arkansas) is telling him they will not give credit for any payments made while deployed, because they are not "labeled" for child support. Can it be fought in court? He has over $20,000 documented where it was wired out of his military account into her personal checking account? Can JAG help if he isn't active duty now but was then?

Attorney Answers 3

  1. Best answer

    Even if OCSE takes the position that they will not give him credit for the payments, it will be up to the judge to decide whether or not he receives credit (I am assuming that OCSE is going after him for arrears). Keep in mind that OCSE is there to collect child support, not to help out the parent ordered to pay support.

    As the cliche goes, hindsight is 20/20, but if you have an order that requires payments to go through the Court's registry or through the Clearinghouse, pay as the order requires because there are cases that have held that anything not paid in the manner ordered could be considered gifts and not support.

    In your husband's case, the judge will act as the finder of fact -- meaning he after the presentation of evidence of the intent of the payments the judge will decide whether the payments were gifts, property settlement, or child support.

    This response is for information purposes only, it does not create any attorney-client relationship. Responses to questions posted on this Forum are of a general nature only. Because it is not possible to have all of the facts of your issue addressed in this forum, you should consult with an attorney to review the unique circumstances specific to your situation.

  2. This is really a question you need to address to a local attorney who practices family law and who deals with child support issue. They will go over all the facts with you and let you know what can be done. JAG cannot assist him at this point. You might also check if the State Bar has a veteran's legal help program.

  3. Hire a local family lawyer.

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