Deploying Ex Husband - not abiding by decree

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Babyvett

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My ex husband and I divorced in 2008. He is in the Army reserves. Together we have a 11 year old daughter.

At the time of the divorce, we agreed that when he was stateside, our daughter would live with him and I would pay child support. In the event of him being deployed overseas, he would return custody to me and I would no longer pay child support while he is deployed. This was agreed to and signed and is in our divorce decree.

I have found out the ex is about to deploy to Afghanistan in August. I have known about the possibility of the deployment since last summer and have asked him several times about it but he never gives me a straight answer. I learned of the date from his mother. She stated that he is hoping that if i do not know about the deployment, then my daughter will stay with his current wife and i would still have to pay them child support. By not being honest with me, I would not be able to get school records, medical records, and documents such as his orders to stop child support from coming out of my paycheck before he is deployed. I will have my daughter during the summer but he deploys before she would return to start school there.

I have sent three emails to him asking him to update me on his current activation status, he will not answer them. I tried calling on Sunday and was told he (and my daughter) were not there. When I asked where they were, I was told that he told his father not to tell me.

What are my legal options (short of hiring another lawyer) to make my ex abide by the divorce decree. My daughter does not want to stay with the step mother and is better off with me as we originally agreed.

Here's the exact wording of the decree in regards to his deployment:

a.) in the event that Jeremy (leaving out last name for privacy) is deployed before Christmas break of a school term, then the child shall go to live with Brenda during Jeremy's deployment only, and the child shall be returned to Jeremy by Brenda at the end of Jeremy's deployment;

b.) in the event that jeremy is deployed after Christmas break of a school term, then the child shall remain in the school where she is currently enrolled at the time of Jeremy's deployment and Brenda shall move to the area where the school is located so that the child can complete the school year, or if Brenda is unable to move to the area where the school is located to enable Alyssa to continue in the same school district while Jeremy is deployed, then in the alternative, the child shall live with Mary while Jeremy is deployed and Mary shall return to child to Brenda at the end of the school year.

c.) during the time that Brenda has possession of the child during Jeremy's periods of deployment, Brenda shal not be required to pay child support and if any child support payments are deducted from her pay during Jeremy's period of deployment then Jeremy shall be a constructive trustee of said funds and shall refund Brenda's pay during Jeremy's deployment period so long as Brenda has possession of the child.
 
Contact his commander and verify the deployment date.

Inform the commander that you need the deployment information to obtain custody of your child, pursuant to a court order.

Don't mention the gossip, or speculate, it may be hurtful; but isn't necessary to achieve what the court has instructed.

Ask for a copy of the deployment order, to STOP the support payments from being taken out of your check.

You employer will, no doubt, require a copy to stop the deductions.

If you have or had an attorney, it might be best to ask him/her to handle this for you.

That way, it will be easier to cut through the red tape and bureacracies that will stand in your way of getting this done easily, promptly, and accurately.
 
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