Question regarding child support when you become active duty

[Josephine29]

I have a friend who has been divorced for about 6 months or so.  They decided to settle out of court and he pays his exwife$670.00 in child support for thier one daughter.  He is in the National Guard and he will be activated to active duty in December and will be gone a year to Iraq.  He has his daughter for almost half the time right now, I think according to the papers that the ex wife has thier daughter like 2 or 3 days more a month than he does but as it stands she is constantly asking him if he wants to get thier daugther early on the days the ex wife has thier daughter so really he has her the same amount of days a month that the ex wife has her.  Anyway, his question is can his ex wife get the child support increased because his pay will increase greatly while he is serving in Iraq for the 12 months he is there?  He looked up what his pay will be that year and put it into the Alabama child support calculator and what he would be paying is crazy!  His lawyer said that he didn't think that any attorney would award the ex wife an increase just for that year since he will only be getting the pay when he is gone and then it will end.  Can anyone help with this???  He just wants to be aware.

Thanks so much!

[TC]

First of all, Attorneys do not award anything...only Courts do.

Second...normally child support is calculated on a two or three year running average of income and can be reviewed every 3 years or when there are extenuating circumstances.  I suppose his ex could try to take this back to court and try and justfy an increase based on extenuating circumstances, but it is going to be pretty hard to get him to appear if he is deployed to Iraq. 

I really doubt that there is much here to worry about and even if his CS was raised, it would probably only be for the duration of his deployment.

I'm no attorney....just giving you my thougts from a Father's point of view who has paid CS for the last 15 years.

TC

[Josephine29]

Thanks for your response.  One more question...I know he can't go to court if he is in Iraq but can she file when he is gone and then when he comes back from Iraq go to court and then be awarded back support for that year that he is gone.  I mean I understand that it might not happen anyway but could he be made to pay back support for the year that he was gone if she won in court???  He just didn't want to be saving up all this money and then not be aware that when he came back he would have to hand her thousands for back child support for the increase she was awarded the year he was gone.  I mean do courts do that??

Thanks!

[TC]

Theoretically, yes it could happen....

Has he talked to a local attorney...someone familiar with how the local courts operate and view such things?

I'd really reccomend he do so.....

TC

[Aim]

Well since the Mom will have the daughter 24/7. 365 days out of the year (and Dad will be making more money) hopefully he will send more child support her way! (think of the added expenses she will have because she will be doing everything while he is away!

[TC]

Actually, it may not be that he is making that much more money...it may simply be that what he is making is tax free.

TC