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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 34996
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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My ex husband who is military had stated when we were filing

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My ex husband who is military had stated when we were filing for divorce we needed to file child custody 50% 50% otherwise he would have to move into the barracks and would never see the boys. I didn't want that to happen so I agreed. Well come to find out that wasn't the truth. I guess thay don't let E7's live in barracks. It was about the money. My question is can he get into trouble by lying to the military stating that he has then 50% and receiving the money for that when in all actuality he only sees them maybe one weekend out of the month. The child support I received also reflects me only having the kids 50%
Thanks for the chance to assist.

You ask:
Can he get in trouble for lying to the military.

Short answer: Yes. Art 107, UCMJ makes false official statements illegal. IF he has made a false official statement, the military can indeed prosecute this.


Longer answer: While a false official statement is illegal, its not clear that happened. The military will not look at the % of time he has the kids to determine compensation he gets...if he has court ordered support, he will rate BAH (housing allowance) at the higher "with dependents" rate. So I bet he never had to make a "false statement" to his command...he only had to show them his court order to pay custody and they will pay him the full BAH.


If in reality he has only a few days a month, then take this case back to court and get the court to modify the orders (custody AND support)...if you have them most of the time, you rate more money.



Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button, its the only way I get credit for my work.



Customer: replied 7 years ago.
At the time we divorced he was a E7 which I was told he can't move into the barracks being that rank?
Sure...and he may have lied to you...but that is not the same as lying to the military. And 107 can only be used for a false official statement.

As for E7's in town, that is generally allowed...but the commander can limit if he or she needs.
Customer: replied 7 years ago.
Thank you so much for your help. He has had control of me for the last 10yrs and always made the call of what he wants to pay as far as child support and he has never had to help with the out of pocket exspenses for the kids medical when he is sapposed to. Its time i get a backbone and do something about it.
Welcome. Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button, its the only way I get credit for my work.

Customer: replied 7 years ago.
If I have one more question how much does it cost would it be another 28.00?
No charge for follow up questions...but I would appreciate if you would accept before we continue

P. Simmons and other Military Law Specialists are ready to help you
Customer: replied 7 years ago.
Did I do it right? Did I pay you???
Yes...now you had an additional question?
Customer: replied 7 years ago.
I'm sorry I could go on and on, but if you don't mind. My question is my 15yr old son and 12yr old son have not been getting the best of grades lately. Besides that they are great kids, yes once in awhile they talk back and are disrespectful, but they are kids. Their father has threatened me saying that my parenting is not good enough. And that they need to go and live with him. Would that be enough grounds for him to get custody when I have had them for 10yrs?
The standard the court will use for custody matters is very simple. Its "what is best for the kids". Not "what is best for dad" or "what is best for mom"...but "what is best for the kid(s)"



Here, if you have custody, and dad wants to take it away, he will need to hire an attorney and prove that its better for kids to be with him. Now, can he do this? I do not know...but if the only issue is grades are slipping...unless he can prove that its your poor parenting, I think he will have a tough time getting the court to yank the kids awa from mom.

If he does hire and attorney and file, you need to hire one too...but I suspect he will not...attorneys are expensive and this would be a tough case for him to win

Customer: replied 7 years ago.
Thank you so much. I sure wish I had more money to give you because you have helped me out so much. You put my mind and heart at ease a little bit! Is there at some point when I have more money I can send it to you?
Please, do not worry about it. Appreciate the chance to help.


But if you have more questions, feel free to ask for "PSIMMONS" and I will get to them.

Thanks

phil