Posted on Apr 25, 2020
Am I still accountable to a UCMJ decree after retirement?
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In 2012 I signed a notarized UCMJ document on the McGuire AFB, agreeing to pay my expenses-wife child support upon them relocating with her at a later date. The decree specifically says that I will pay a certain sum while the children are in her possession but she will not pay me when they are with me. In 2014 the children came to live with me and my wife in Tennessee. I officially medically retired in July 2014.
A 2018 judgment determined that the children have been in my primary custody since that time and that I am and have been primary caretaker since then. When I tried to request child support several months ago, the defendant’s counsel produced this paper and declared that child pay should start after I pay his client backpay for the child I stopped paying in 2014. (Essentially claiming that I should have been paying her this sum every time she had them for breaks and vacations)
Am I still accountable to this document despite retiring and despite a clear judgment supporting the fact that I have been the primary custodian since 2014.
A 2018 judgment determined that the children have been in my primary custody since that time and that I am and have been primary caretaker since then. When I tried to request child support several months ago, the defendant’s counsel produced this paper and declared that child pay should start after I pay his client backpay for the child I stopped paying in 2014. (Essentially claiming that I should have been paying her this sum every time she had them for breaks and vacations)
Am I still accountable to this document despite retiring and despite a clear judgment supporting the fact that I have been the primary custodian since 2014.
Posted in these groups: 
UCMJ
UCMJ
Posted 4 y ago
Responses: 10
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What state is the child support order from, not a military order, but the order from the civil court? Second, did you go back to court to modify the order when you received primary custody? If not, you will likely be liable for any arrearage.
You don't need to talk to people here, though, you need to hire an attorney.
You don't need to talk to people here, though, you need to hire an attorney.
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Yes, you can be subject to the UCMJ after retirement as long as you accept military retirement pay. This looks like a civil matter. How much money are we really talking about? If ex-spouse incurs travel expenses to pick up/drop off children, how much is it? I can see it being a big deal if she's flying across the US to pick up the children, travel back to her home, and then return the children sometime later. If it's simply driving a few miles--even a hundred miles--at something like 55 cents/mile maybe it's simpler to pay the money and let it go. Anyway, you need your lawyer to sort this out.
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Capt Gregory Prickett
Travel expenses have no bearing on child support, and most orders do not address travel costs at all.
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I would recommend getting legal advice instead of what we provide here.
As a civilian you are subject to what the courts direct you to pay. As an active military member it’s different but you haven’t been AD since 2014 which is when this app changed. You are still subject to the UCMJ but I don’t think that is applicable in this matter but again legal aid is needed
As a civilian you are subject to what the courts direct you to pay. As an active military member it’s different but you haven’t been AD since 2014 which is when this app changed. You are still subject to the UCMJ but I don’t think that is applicable in this matter but again legal aid is needed
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