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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Military Law
Satisfied Customers: 110539
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My husband is in the military and we are currently separated

Customer Question

My husband is in the military and we are currently separated not legally. I made the choice to live because he said he can no longer be my husband. So I'm now living with my mom in a different area with my son and I'm with child; due any moment with little support. He sent money maybe twice since we left and haven't got anything since. I'm not trying to get him into trouble but I'm sure we are entitled to more than what we are getting now. When it comes to BAH isn't he suppose to report that we no longer live in the home. We left July 2016 and I return back next month to move the rest of the stuff out. I just want to know what can I do from here.
Submitted: 25 days ago.
Category: Military Law
Expert:  Law Educator, Esq. replied 24 days ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Under NC law, if husband and wife are not living together as spouses, they are separated. He has a legal obligation to pay you child support at the very least, if not alimony as well, but in order to get that you need to file suit for divorce in court and you need to get a court order for child support and at least temporary alimony.
He was supposed to report that he no longer has family living with him for his BAH, but if you report him for illegally collecting BAH, he could face court martial and that would mean he would be kicked out of the military and have no income at all from which you could collect child support or alimony.
As a spouse divorcing from a military member you could also potentially seek your share of benefits, including some BAH. See:
So, what you need to do is seek to file for divorce and obtain child support and alimony orders and also contact family services at the base where he is assigned and seek assistance through them to seek your share of BAH and other benefits available. Once you get your child support order you would ask the court for garnishment and serve it on his command and you will get your support payment directly from his check and will not have to fight him over payments.

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