Is it bad to not claim a child as a dependent?

SGT(P) Private RallyPoint Member — Sun, 24 Mar 2019 20:55:42 -0400

If a childs mother doesnt let you put child on DEERS is it a problem in the long run? Will the soldier get in trouble?

Response by SFC George Smith made Mar 24 at 2019 9:00 PM

SFC George Smith — Sun, 24 Mar 2019 21:00:44 -0400

Yes... it could come back to haunt you at a later date...
A Security Background investigation Would Throw A monkey Wrench in The Gears... as If You were Trying To Hide Something...
Go To Jag Or Legal Affairs For Best And Most Up to Date Rules Regulations And interpatient Of The Laws...
This is A Serious CYA … Call Your attorney... The Mother Has No Authority If You Are In The Military And the Father... Just Went Thru This With My Daughter...

Response by SGM Bill Frazer made Mar 24 at 2019 10:17 PM

SGM Bill Frazer — Sun, 24 Mar 2019 22:17:49 -0400

Makes it rather hard to support the child medically. I would get her objection in writing just in case

Response by SFC Private RallyPoint Member made Mar 25 at 2019 6:28 AM

SFC Private RallyPoint Member — Mon, 25 Mar 2019 06:28:33 -0400

Why on earth would she not want the kid registered in deers? Are you two married or together? Who has custody?

I'm not sure of the process but do you even need her to put the child in deers?

Not to be disrespectful but... is the child yours and are you sure? That is the first thi g that comes to mind is she doesn't want it in the system because it is not yours. I sincerely hope I'm wrong but anything is possible.

Response by SP6 Jr Patatas made Mar 25 at 2019 6:43 AM

SP6 Jr Patatas — Mon, 25 Mar 2019 06:43:22 -0400

add it.no trouble as long as he/she is your child. any law on earth you can defend especially your dna is with the child

Response by SFC(P) Private RallyPoint Member made Mar 25 at 2019 7:57 AM

SFC(P) Private RallyPoint Member — Mon, 25 Mar 2019 07:57:38 -0400

So the childs mother has no say in letting you put your child into DEERS. If you are on that childs BC then it is your right to put that child into DEERS she cannot tell you no. Now if you don't have an official certified BC and SSN then you wont be able to and then that is where the COURTS will come into effect. But that is absurd especially with medical ect for your child. Get a lawyer and fight for your Child's rights.

Response by SFC Private RallyPoint Member made Mar 25 at 2019 9:52 AM

SFC Private RallyPoint Member — Mon, 25 Mar 2019 09:52:13 -0400

Child's mother won't let you? That's not an option. The child is your dependent, and youre responsible for it. You take that birth certificate to DEERS and enroll the child. Then you enroll your child in tricare and tricare dental. Whether you'll get in trouble should be the least of your worries, you need to provide medical coverage for your child. The only time this doesn't apply is if the child's mother already has them enrolled in DEERS under someone else.

Response by 1SG Private RallyPoint Member made Mar 25 at 2019 11:11 AM

1SG Private RallyPoint Member — Mon, 25 Mar 2019 11:11:42 -0400

There is a risk to you, and may be theoretically risk to the child if it isn't covered by health insurance.
"Assumptions" based on your post:
1. She is petty (your words, not mine).
2. Your name was put on the birth certificate (BC), and you did not challenge your name on the BC within any specific time period that may be required by your state, so paternity is acknowledged/established.
3. Were something to happen to you on active duty, there may be benefits that the child could be eligible for, but would have a more difficult time obtaining if not already in DEERS.

In addition to speaking with JAG, consider reading AR 600-99, chapter 2, and appendix B.

You can Google how to obtain a copy of a birth certificate for the state in which the child was born, and obtain a certified copy (normally raised seal). You will require an official copy of the BC for most any action with any government agency, including the military.

Once you obtain a copy of the BC, you can visit a Social Security office for the documents required to obtain the SSN of your child.

Petty people do petty things. If you provide not support, she could wait for a couple of years, and then file a claim for back child support. That would likely mean trouble for you, and it would be a financial liability.

You should Google child support requirements for a father on the BC without a court order for support in the state in which the child resides. Even without a court order, since you didn't oppose your name on the BC, you may have met the legal requirement for that state, and therefore, the military, of paternity. You can Google what the time limits to oppose your name on the BC for that state.

Medical care isn't cheap, and IMO, everyone can benefit from regular checkups. Additionally, life happens, and sometimes people need emergency medical care. Medical care is very expensive. You may (or may not) end up with a financial liability, especially if an emergency arises. I'm not an attorney, and that's who can best explain such a risk, if any.

AR 600-99 requires Soldiers to provide support for your child, but my reading of AR 600-99 leads me to believe that there is not action, unless there is an inquiry (by the child's mother).

This example in appendix B seems to fit your circumstances:
B-1. Example 2. Assume the same facts as in example 1, except that the acknowledgement of paternity consisted of his agreement to being named as the father on the birth certificate when the child was born a year ago. The father has not raised any subsequent challenge to the validity of the birth certificate. The state law where the birth occurred will determine resolution of the support issue. If, as in many states, agreeing to being listed as the father and not challenging the document within a specified number of days is the judicial equivalent of a court order establishing paternity, then there would be a legal order establishing paternity pursuant to paragraph 2–2b. The soldier would have an obligation to provide support to that dependent child. Since there is no court order establishing the amount of the child support, the soldier will provide the appropriate support required under paragraph 2–6.

I didn't see an example in 2-6 that fits your scenario, but that is a question for SJA to answer for you.

I encourage you to obtain a *certified* copy of the BC and keep it with important documents in a fireproof/resistant bag at a minimum, obtain the SSN, and then enroll the child in DEERS. I also encourage you to seek SJA's advice. Note that the Court Martial Convening Authority in your chain of command can give you an exception to policy with regard to financial support, which may provide you protection from pettiness.

Response by SSgt Private RallyPoint Member made Mar 25 at 2019 6:04 PM

SSgt Private RallyPoint Member — Mon, 25 Mar 2019 18:04:12 -0400

Easy answer the child has a right to benefits and should be enrolled into deers. Now to address some of your other problems. if you were not able to see your child for 4 years, can not get documentation from the custodial parent that you require it is way past time to have official arrangements. made. Local JAG can give great advice and help with paperwork; they cannot file on your behalf or represent you in a civilian matter. It's time to go through official legal methods to establish support, custody and visitation. Or we could all be going the wrong way with this and you may not have a concern for the child; you just want to make sure your required boxes are checked so you don't get in trouble.