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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...
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
JA: I used to have a husband, my beloved Phil, but he died.
Customer: ?
JA: What confuses you?
Customer: Can you read the first message
JA: OK. The Military Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No
JA: Please tell me everything you can about this issue so the Military Lawyer can help you best. Is there anything else the Military Lawyer should be aware of?
Customer: No
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: 1 year ago.Category: Military Law
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Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
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Military Lawyer: P. Simmons, Military Lawyer replied 1 year ago
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 35,289
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. I am here to help

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Customer reply replied 1 year ago
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Military Lawyer: P. Simmons, Military Lawyer replied 1 year ago

Hi...you had sent a message indicating you wanted a phone call. I offered one up...we can chat on the phone if you accept that offer. let me know...

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Customer reply replied 1 year ago
No I just need the first question answered
Military Lawyer: P. Simmons, Military Lawyer replied 1 year ago

Sorry...I do not understand your question...I will opt out and perhaps someone else can assist you. Best of luck

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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
Military Lawyer: Peter Griesch,
 replied 1 year ago
Peter Griesch
Category: Military Law
Satisfied Customers: 324
Experience: Tax Counsel at AIG, Inc.
Verified
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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Peter Griesch
Peter Griesch
Peter Griesch
Category: Military Law
Satisfied Customers: 324
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Experience: Tax Counsel at AIG, Inc.

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