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Dwayne B.
Dwayne B., Attorney
Category: Military Law
Satisfied Customers: 32373
Experience:  Began practicing law in 1992
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Regarding bah : Florida : I got served with papers yesterday

Customer Question

regarding bah
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: Florida
JA: Have you talked to a lawyer yet?
Customer: I got served with papers yesterday
JA: Anything else you think the lawyer should know?
Customer: my husband committed adultery and kicked me and my kids out last year
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Military Lawyer about your situation and then connect you two.
Submitted: 5 months ago.
Category: Military Law
Expert:  Dwayne B. replied 5 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Is there a specific question with which I could assist?

Customer: replied 5 months ago.
I am asking to see if I am entitled to part of his BAH. He is an E3 stationed in Colorado Springs with a BAH of 1800. We will be married 3 years on November. We have 2 kids inside the marriage. I got served with divorced papers yesterday since he kicked me and my daughters our last year because he got his gf pregnant (adultery).. I currently reside in Florida
Customer: replied 5 months ago.
I also have the girls full time they live with me
I'm currently in school and working as well
Expert:  Dwayne B. replied 5 months ago.

Air Force Instruction 36-2906, "Personal Financial Responsibility," requires service members, in the absence of an agreement or court order, to "provide adequate financial support to family members." Unlike the other services, the Air Force does not define the level of support, instead leaving it up to you and your spouse and/or civilian courts if you and your spouse do not agree.

If you want to try to avoid going to court first for financial support, you can try asking the service member to set up a voluntary allotment with the finance office. A voluntary allotment is a designated amount of money from the service member's pay set up by the service member that is automatically distributed to you. While voluntary allotments avoid time in a court, you should know that these allotments are not mandatory and that the service member would need to agree to set up the allotment and would be able to stop or adjust the allotment at any time.

If you are unable to reach an agreement on a voluntary allotment, you should meet with an attorney to discuss obtaining a court order to establish an involuntary allotment. The military cannot deduct money from a service member's pay without his or her consent, unless a civilian court has ordered a garnishment or involuntary allotment. With a court order, your spouse cannot stop or adjust the allotment. Based on your facts I don't see any issues with a court issuing an order in your favor.

That is as to the point as it is possible to do with military regulations.

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