My husband and I are getting a divorce. He has agreed that he owes me a certain amount of backdated BAH (in writing)--however, he refuses to pay the amount into my bank account. He is in the process of leaving the military and his commanding officer says he regrettably has little power over him. Where do I go from here? How do I go about obtaining a court order to force him to pay?
State/Country relating to question: North Carolina
Commanding officer contact
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Hello Miranda,I am sorry to hear that you are facing this problem about.After review of your post it seems that your primary concern is obtain the BAH that your husband had promissed to pay you in a written document.Unfortunately the CO statement to you is correct. The Commanding Officer can only suggest that your husband pay you the agreed upon written amount unless there is a court order. The military can only enforce actual civilian court orders of support, not written agreements. What you may wish to consider is filing a request for temporary support as part of you divorce if you haven't already done so and once you have the temporary court order the military will honor the request for the support. If the written agreement you mentioned is part of a property settlement agreement, then you would use that written agreement to have the civilian court enforce the agreement.In determining the amount, duration, and manner of payment of Alimony, the court shall consider all relevant factors, including:
[Based on North Carolina General Statutes, Chapter 50, Section 50-16.3A]
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