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LegalGems, Lawyer
Category: Military Law
Satisfied Customers: 9907
Experience:  Experienced Family Law Attorney
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I have a few questions about spousal rights? Is this thread

Customer Question

I have a few questions about spousal rights? Is this thread just for the active military spouse? My brothers wife is active duty and has left him with 2 kids and very little money.
JA: Are you overseas or stateside?
Customer: Stateside
JA: Have you talked to anyone in the chain of command about this?
Customer: Yes before she left to Egypt
JA: Anything else you want the lawyer to know before I connect you?
Customer: She cheated on him after they relocated their whole family to New York from Oregon. He is now back in Oregon with both children and she opted to go to Egypt. She only sends him 715 a month and nothing for BAH. He is unemployed and struggles.
Submitted: 9 months ago.
Category: Military Law
Customer: replied 9 months ago.
I want to know where he can go to get help or who he should call. She is in Egypt and when I called deers here in Salem they were no help at all.
Customer: replied 9 months ago.
She was counseled several times by her commander for having an affair with another married service member. My brother was unadvised of this and does not know what to do.
Customer: replied 9 months ago.
She is an E4 and stationed in Egypt. She lives on base and only sends him 715 a month and refuses to give him the bha even though he has the children.
Customer: replied 9 months ago.
He recently applied for food stamps to help him out and he was told he must have a letter from her stating she gives him 715 a month. He asked her for it and she's refused.
Expert:  LegalGems replied 9 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  LegalGems replied 9 months ago.

I am very sorry to hear this and I will do my best to get you the information needed.

So basically, the ServiceMember's Civil Relief Act insulates a deployed military personnel from having to deal with civil litigation when deployed- this includes divorce issues. The public policy consideration behind the law is that the service member cannot be distracted with legal concerns while overseas. This can do an injustice to the family left behind, which is why each branch of the service has enacted legal regulation that requires a military member to support their family.

For the Army, this is codified at Regulation 608-99; for the Coast Guard, it is the Commandant Notice 1000 Chapter 8.M; for the Marine Corps, it is CH 15, and for the Navy it is Milpersman 1754.

Basically they all require the service member to provide support to their dependent spouse/children. Failure to do so can result in military punishment, including nonjudicial punishment.

A brief overview here

It should be noted that a spouse is still entitled to military support for housing and other necessities, given their status as an abandoned military spouse. Please see that information here

So basically, one would need to contact the service member's commander to reach a resolution (support agreement), the local JAG, and then the Inspector General.

Hopefully this helps to provide some information so they can get the support to which one is entitled.

Further questions? Please post here to continue the chat.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

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