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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26634
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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My niece is still married to her husband who is now out of

Resolved Question:

My niece is still married to her husband who is now out of the Army. He has stopped providing any support to her and she is about to have the home and auto insurance cancelled on her home and car. He is providing financial support to his brothers. What are her options. Thank You. SFC (Ret) Larry Sprader.
Submitted: 1 year ago.
Category: Military Law
Expert:  P. Simmons replied 1 year ago.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

Sir, not sure I understand your question...you want to know if the Army can somehow step in here and force support, despite the fact he has left the Army?
Customer: replied 1 year ago.
Yes, that is what I am asking. He is retired and I believe took a civilian position working in Afhganistan.
Expert:  P. Simmons replied 1 year ago.
Ahh

Thank you. That makes sense.

But I am sorry to have to bear bad news.

While on active duty, the Army Regulations are very clear...the housing allowance provided to the soldier, by the Army, is required to be paid to the dependent. So if here were still on active duty? This would be easy...she could simply notify his commander and request they assist...and they would...they would order him to provide support, as required by the regulations.

The problem is that the Army Regulation that covers this does not apply to retired soldiers.

So there is no rule in the Army requiring he provide support.

Part of this is because when you retire, you no longer rate housing allowance.

That said, she may still have recourse. She can file for divorce and as part of that process she can ask the court to order support. She is also likely eligible for a portion of his military retired pension.

But this must come from the divorce court. And if he is abroad? She has the additional hurdle of effecting service of process (getting him "served" to bring the case to court). Not impossible...but more complex when the other party is living abroad, particularly in Afghanistan.

So she will need to have a local attorney file this for her.

Once the court orders support, she can go to DFAS (military pay) and they can garnish his retirement to pay the support order.

BotXXXXX XXXXXne: it is possible to get support, but only in conjunction with a divorce filing...and she will need a lawyer to assist her since he is abroad

P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26634
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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