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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 33072
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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My son in law left for a one year post in Korea and never

Customer Question

My son in law left for a one year post in Korea and never gave my daughter any of his BAH or any other steady support for her or their two daughters. They have been living with us for a year and a half, during which time she divorced him due to his ongoing affair with a fellow soldier in Korea.
We have been supporting them the entire time while she completed her degree, and he used his housing allowance to buy his girlfriend an engagement ring. Can I sue him for our expenses?
Submitted: 1 month ago.
Category: Military Law
Expert:  P. Simmons replied 1 month ago.

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Expert:  P. Simmons replied 1 month ago.

Can you tell me, has your daughter raised this issue with his command?

Customer: replied 1 month ago.
They know he's in arrears but don't know he wasn't supporting her while he was in Korea. The finance office at ft Carson based their estimation of his payment solely on his base salary, and it's less than half the court ordered amount.
Expert:  P. Simmons replied 1 month ago.

Thanks
Can you tell me, is he Army?

Customer: replied 1 month ago.
what we have spent has never been raised, either in court or with his command.
Customer: replied 1 month ago.
army
Expert:  P. Simmons replied 1 month ago.

Thank you
I have some thoughts and will type them up...a few mins please...

Expert:  P. Simmons replied 1 month ago.

Thank you for your patience.

First, and foremost, I would urge you to take a look here

http://www.carson.army.mil/IG/documents/ar-608-99.pdf

This is the regulation that applies. If you take a look at chapter 2, it details the requirements for a soldier to support their dependent(s).

Now…it is important to understand that in order to enforce this regulation, your daughter needs to contact his commander and explain to his commander what is going on (that he is not providing support). The commander can then order he follow the rules within the regulation.

As for your question, can you sue him? Perhaps…IF you had a contract with him and he is not following the contract? You could sue to enforce the contract…but you would have the burden of proof….you have to prove the specifics of any contract you had with him before you can get a court to order he pay you.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Expert:  P. Simmons replied 1 month ago.

Hi
Experts on this site (myself) are compensated ONLY if the customer (yourself) "rate" or "accept" the answer.

Do you have more questions regarding this?

Thanks for your understanding
Phil