« on: Aug 25, 2009, 10:45:46 pm »
I am a private contract health care worker, working in Afghnaistan. I have just finished my 1 year comiment and have extended till December. My Ex-wive pettitioned for child support modification last December and our hearing was in March. She was asking for all of my pay to be considered in the determination of child support. I am given $3250 base per month. I get Hazard duty and sepration pay, under the US military guidlines which equals an uplift of 75%. I am here because of the tax benifit, $86,000 tax free if I stay in country for 330 days or more, which i had. The company I contracted with has told me that my "uplift" pay was not subject to consideration and told me to refer to my contract which only guarentes me 40 hours a week, even thou we work 7 days a week, 12 hours per day. That equals out to be around $18.50 per hour. Is there a law, statute or anything in writting that clearly states that our hazard and foriegn service pay is to be excluded for child support consideration? Modification has been completed and they did in fact use my entire pay for calculating my child support and increased it my $700 per month. Plus, I now owe back support of over $4000. My attorney has started the appeal process but has no idea what i am talking about regarding the service members act, the 9/11 exclusion act and so on and tsked ME with finding where the laws were to assist him and I am doing all of this from Afghanistan. I am in need of something because I do know that these statutes and laws exsist because other private contractors have been down this path and had good attorneys that found the loop holes for them. If there is nothing then I will pack my bags and go home tomorrow because it just is not worth it anymore, to have my income disected and divided up like my ex wife just won the lotto while I am in a dangerous enviroment being mortored, rocketed and shoot at everyday standing beside active duty military wearing the same ID as they do. Please help, I finally dug myself out of a hole and am comfortable and very upset it is being taken away from me by the State of SD.