armycoppertop
New Arrival
Karma: 3
Posts: 24
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« Reply #17 on: Aug 23, 2009, 09:08:39 pm » |
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Prior service Army human resource specialist, as well as a DEERS Verifying Officail (the person that does the computer stuff to get people military IDs and medical coverage), but a lot of the issues here overlap branches. I didn't read all the replies, so I might be repeating. #1... all he has to do is have a paternity test done (because you were not married when the child was born... to many women claim military personnel are the fathers to get free benefits when the guy is NOT the father), turn that into DEERS (covers ALL branches) along with the birth certificate and Social Security card, and the child is enrolled into DEERS and is authorized a military ID card. He should also be court ordered to provide health insurance and dental, with DEERS enrollment and the court order, he will automatically have TriCare health and he will be required to pay the whooping like $9 a month premium for United Concordia (TriCare dental). Technically, TriCare only provides medical/dental if the service member provides 50% of the child's support (most VOs don't bother with that part of the process, but the sticklers will mark "provides less than 50% support"), and you have to fill out paperwork to get that declaration, but a court order basically overrides that. #2... there is NOTHING that stops single parents from being service members. It is ILLEGAL to so much as SUGGEST that they can't have custody. Most services don't want CURRENT single parents JOINING, because the lifestyle is not really condusive, but some of them have exceptions for reserve or active duty or national guard, but if you are already in, they can't do a DARN thing about it other than require a family care plan (a plan that explains how the child is going to be taken care of during duty, at NO time can a service member say they can't perform ANY duty due to having a child... this is why I am no longer a Soldier, be a mom or be a Soldier, I couldn't find anyone to take care of my kids evenings and weekends and during field exercises when I moved to a civilian community on active duty. #3... as long as he has dependents, he does not neccassarily need custody. Finance regulations (all services) state that a service member court ordered to pay equal or more than BAH TYPE TWO W/ Dependents will receive Type 2 BAH. My husband was authorized BAH TYPE ONE W/ Dependents based on his court order since he had to pay type 2 in child support but also gets visitation and needs a place for SD to stay during those visits. It is a moot point now, he is authorized it all based on me, anyhow, but before we got married, it helped. Some pays he may not get depending on if finance regs allow for branch specific deviations. But all he would get without being deployed would be housing allowance type 2 while in barracks, or type one to live off base and seperate rats instead of eating in the chow hall. Once you have a court order requiring him to pay child support, you send that into DFAS... don't mess with his chain of command, DFAS has to process the child support order to be deducted out of his paycheck automatically. If he is not complying with any OTHER part of a court order - DEERS enrollment, paying any non-covered expenses he is court ordered to pay, etc - THAT you go to his chain of command and show them the court order. If they fail to order him to comply with the court order, you go to JAG. I don't know USMC regs, but Army regs state that a single Soldier can NOT have custody at the time of enlistment, they must give COURT ORDERED FULL custody to someone else and can NOT get custody back during their first term unless extenuating circumstances arise (I was considering giving my ex custody when we first split and did a LOT of research on this issue. I couldn't do it and used a different loophole and program to get on active status) such as the legal custodian becomes unfit. Army reseves may now enlist as single parents with a family care plan, but that just changed during my active duty tour from 06-08. Before then, even a reservist couldn't enlist as a single parent! The Soldier Sailor act will only prevent him from dealing with court issues DURING DEPLOYMENT (and probably while in training). However, FILE NOW!! Anything you file now will be put on hold, however, it can be BACKDATED to the day you filed. The act is there to protect the service member from being screwed due to inability to appear in court, NOT as something for him to use to protect himself from having to face court proceedings and what would have happened during the deployment (hence the reason my ex's child support for his second wife is backdated TWO YEARS!! She filed shortly before he deployed for 15 months and tried to get the hearings done while he was GONE so he couldn't fight for his parental rights.)
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