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Peter Griesch
Peter Griesch,
Category: Military Law
Satisfied Customers: 324
Experience:  Tax Counsel at AIG, Inc.
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My husband and I are dual military he s gher rank and we

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My husband and I are dual military he his higher rank and we both have a child which I claim as a dependent, I have a mpo and so does he which he is restricted from the house the house is in his name and they are taking his bah because he is higher rank he is now and the barracks and is telling me I have to turn the lease in my name or he is going to finace and I would have to back pay money because he's not in the home my question to you is do I have to pay him my bah even tho I have the child and is living in the home ? Will I owe back pay ? Can I move out the on post housing being that I'm only a occupant? And last but not least the landlord says being that he is on the lease and he sign the lease knowing they will take his money and its up to us to split the rest and it can't be switch over until we have the divorce decree do I have to pay him by the way we are on Hawaii and we can't get a divorce until 6 months on the island
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Submitted: 7 months ago.
Category: Military Law
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My husband and I are dual military he his...
My husband and I are dual military he his higher rank and we both have a child which I claim as a dependent, I have a mpo and so does he which he is restricted from the house the house is in his name and they are taking his bah because he is higher rank he is now and the barracks and is telling me Ihave to turn the lease in my name or he is going to finace and I would have to back pay money because he's not in the home my question to you is do I have to pay him my bah even tho I have the child and is living in the home ? Will I owe back pay ? Can I move out the on post housing being that I'm only a occupant? And last but not least the landlord says being that he is on the lease and he sign the lease knowing they will take his money and its up to us to split the rest and it can't be switch over until we have the divorce decree do I have to pay him by the way we are on Hawaii and we can't get a divorce until 6 months on the island
Expert:  Peter Griesch replied 7 months ago.
Thank you for your inquiry.Your husband is obligated to pay the lease as it is in his name. However, since the lease is in his name, he can terminate the lease. That said, he is required to provide support for you and his child...even before a divorce decree and support order are in place. If he does not, the divorce judge can order him to provide back support in addition to current support.In terms of BAH, if you divorce he will still be entitled to BAH at a with dependents rate (because of the child), and you'll be entitled to a portion of that for support.Finance generally does not have a role in determining who is entitled to what in this process. Whether you're entitled to certain support is a determination to be made by a court.My advice is that you speak with a JAG on base as soon as possible (legal assistance attorney). He will be able to advise you on the fastest process for divorce and obtaining a support decree in Hawaii, local leasing laws, and the impact of the MPO.Please let me know if you need anything clarified.Good luck.

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