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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 15662
Experience:  Lawyer and current JAG officer.
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My husband had an affair on his wife while he was in the army,

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My husband had an affair on his wife while he was in the army, (he is a specialist.) He and his wife divorced and its been 2 years since it happened. She is now stating that unless he signs over the children to her, (they have joint and she wants sole so she can get more money from him because she is pregnant with her boyfriends child) that she is going to tell his boss about the affair. She has no proof, however, claims that the girl he had an affair with will testify. We do not know if this is true or not. Is there a statue of limitations on affairs in the military?
Submitted: 1 year ago.
Category: Military Law
Expert:  Allen M., Esq. replied 1 year ago.

Thank you for your question today, I look forward to assisting you. I have nearly 20 years of legal experience in various disciplines, including JAG.

 

Yes, there is a statute of limitations, but that may not help here.

 

It is true there is a statute of limitations of 2 years for Article 15's, but the statute of limitations for a court martial is 5 years.

 

Additionally, administrative actions like Letters of Reprimand, poor evaluations or administrative separations have no statute of limitations because they are not criminal law actions.

 

Now, given the amount of time passed and the fact that they are no longer married, there is certainly no guarantee that the command will choose to do anything about the affair. Furthermore, the former spouse is committing a crime called extortion. You don't threaten to make a perceived crime known to authorities unless you are given something of value that you want. That's not legal, so perhaps she should be told that if she reports the affair, he extortion will be reported and she'll face legal action as well.

 

 

Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 15662
Experience: Lawyer and current JAG officer.
Allen M., Esq. and other Military Law Specialists are ready to help you
Customer: replied 1 year ago.

I wanted to clarify with you what his options might be at this point. He is up to re-enlist in September if he chooses to do so. If that is the case, I am assuming he has to give her what she wants, and not have any contact with his kids until he is either out of the army, or for 3 more years when the statute of limitations for a court martial is up since he is already 2 years in.


 


If he chooses to leave the army, which at this point we are strongly considering...then obviously, once we leave we can do what we want with this situation and take her to court. Until then though, is there nothing we can do in the meantime to fight her on this? Its been two weeks since he has gotten to talk or Skype his children because of this situation. Do we just do nothing and let her win until he gets out in September if he chooses to do that?


 


I am just depressed at the thought that we are basically forced to leave the army because of this situation. He wants to have his kids and I don't blame him, but its a life changing decision at this point. I think if we knew what kind of punishment we were looking at if she does call up the army about this, it might be a little easier to make the final decision.


 


Having his pay taken away for a month would be something we can deal with, but him possibly going to prison over it or them permanently putting this on his record would just hurt him not only in the army world but also in the civilian world when trying to get a job when he is out.

Expert:  Allen M., Esq. replied 1 year ago.
I believe that what I said before is that she is engaged in an illegal action right now.

If you want to fight her on that now, contact a local attorney to point that fact out to her and that will cool her jets on the extortion.

It is exceedingly unlikely that they will do a court martial, no matter how upset the commander might be. This is not the sort of thing they court martial over, unless he was having an affair with a student in a training situation.

But if he is planning on getting out in September, he needs to stall her through an attorney who can say it in a way that isn't illegal.
Customer: replied 1 year ago.

My husband had a quick question to ask you. He wanted to know how he can get his child support lowered. What does he actually have to claim as his income...just his base pay or his BAH as well?

Expert:  Allen M., Esq. replied 1 year ago.
That's not really a military law issue. That is a state family law issue.

He has to go through court to get his child support changed and the court decides whether or not to count BAH. That isn't controlled by military law.

Please take the time to rate my service for the additional questions. Thank you.

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