Need advice..

[MCDEKAT2K]

My name is Jenn, My husband is Fritz. Fritz is currently oversezs in Iraq. I have gone to just about every Fathers rights group or what have you out there for advice. And generally because I am a wife...no one will help  or talk to me. And I would be really suprised is anyone here can offer some help as well..or even pays attention to me. But In case you do , I'll give you our situation and it's history.


I have been with my husband for the Past 8 years , and 6 of those years we have been searching for his 2 daughters. The mother, his Exwife took off with them in 1998. He had gotten the girls for Easter vacation and the littlest one was ill. So we took her to the Doctor..later to be told that she had been molested.She was 3 at the time.So we called the police in Ga..the MP's..the Child services in both Ga and TN. And immediately found a lawyer, Trying to keep the girls with us so they didn't haft to go back to TN to that situation. Well someone dropped the ball and he had to take them back or be arrested. As soon as we returned the children...within 1 week they were gone and we haven't seen them since. We have no clue where they are or if they are even alive. Fritz had paid religously on his child support having it come out of his paycheck. But due to a layoff in 2003 he had stopped for a while...I think it was 6mos.
The current situation is that she has slapped him with a garnishment of 10K . Which is coming out of his pay every paycheck. IT's a large amount..and is practically making his new family starve to death. Now we would happily pay whatever amount as long as we had rights to see the girls. I'm willing to live off eating nothing but potatoes if it means that he can see his children...and thier sisters get to see them as well. JAG cannot help..all they can do is advise.
My question is... 1 Can she do this, with him being out of country? ANd not here to contest it? 2. What rights does a father with visitation rights on the divorce have? She dicorced him while he was out of country yet again in Germany and he wasn't able to come to the states to contest or ammend anything and since we have been trying to do so.We have been trying to fight for joint custody...but every lawyer wants atleast 1500 before they will even talk to us. We need to get 2 lawyers one in AL which is where we are stationed now and TN where the divorce took place and I'm sorry on an E4's pay...that just isn't possible. So it looks like we just haft to roll over and take it. When he goes without seeing his daughters grow up and god knows what this woman has told them about thier father...they will probably hate him and thier sisters never knowing them. And the rest of us starve to death cause of a large amount of child support. What can we do? Any advice is welcome. I am trying to go to bat for him while he's away, it's unfair for her to attack him like this when he can't be here to defend. So... If anyone.. knows a lawyer that is willing to work with someone that doesn't have alot of money or ... advice... or has been in simular situation , your thoughts are VERY welcome. Thank you so much for your time and patience.

Regards,

Fritz and Jenn

[4honor]

First off, if this is a modification that is less than 20 days old, you need to send a letter to the court to suspend the action of the garnishment, as the soldier is in Iraq and is unable to respond. If it is older than 20 days, you may be stuck with trying to modify it after the fact.

Do you have a general power of attorney? Then have him give you one so that you can start a modification proceeding. You cannot modify child support backwards beyond the date of filing.

Your husband should be getting combat pay, but he isn't getting subsistence per diem since he is on rations, correct?

Is the garnishment order through a state agency? they should have modification proceedings that can be started AT THEIR COST. You will be without attorney representation, but dependiung on the state, you can do it without representation. (I wouldn't try it in CA, for example).

You must get something started, so a modification can be done. E-4 pay is not that much.  Are you living in quarters on post? that will go better for him if you are. Also, swallow your pride and apply for food stamps. They consider child support going out when seeing if you qualify. And look in the resource pages of your phone book for food banks... don't starve if you can get a little help until this can be resolved.

[mandi]

My husband is in the Military also.  Before he left right after 9-11, he tried mediation  basically for his parents and family to be able to see his daughter while he was gone.  Our situation is not like yours, but there is a very divus BM invloved.  We don't have alot of money either, my husnad is only an E-3, so i know about the money thing.  Thank God my family is well off and they have helped us in the past about this.  How does he have to pay 10k, is that like for a year?  How many childern does he have with this person?  My husband pays 470.00 a month and 70.00 of it is back pay.  And did he live you with POA before he elft, that is really important because that helped us.
*~Mandi~*

[worried]

Fritz and Jenn

 My name is Jen.  My husband and I are in similar situations.  My husband is out to sea and abuse has stated back up in his sons home.  I have tried everything but I can't get paperwork to support past claims.  Do you have documentation from the past abuse if so the Justice for children might be able to help you.  They step in when the ball is dropped by CPS.  they're website is  jfcadvocacy.org  and finally found someone who would help without the POA.  As long as you have paperwork supporting the abuse.

hope this helps
Jen