Military Law

Have Military Law Questions? Ask a Military Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Military Law

My son in law left for a one year post in Korea and never

Customer Question
gave my daughter any of...
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 year ago.Category: Military Law
Show More
Show Less
Ask Your Own Military Law Question
Answered in 1 minute by:
11/3/2016
Military Lawyer: P. Simmons, Military Lawyer replied 1 year ago
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 35,260
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Verified

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

Ask Your Own Military Law Question
Military Lawyer: P. Simmons, Military Lawyer replied 1 year ago

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

Ask Your Own Military Law Question
Customer reply replied 1 year 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.
Military Lawyer: P. Simmons, Military Lawyer replied 1 year ago

Thanks
Can you tell me, is he Army?

Ask Your Own Military Law Question
Customer reply replied 1 year ago
what we have spent has never been raised, either in court or with his command.
Customer reply replied 1 year ago
army
Military Lawyer: P. Simmons, Military Lawyer replied 1 year ago

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

Ask Your Own Military Law Question
Military Lawyer: P. Simmons, Military Lawyer replied 1 year 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.

Ask Your Own Military Law Question
Military Lawyer: P. Simmons, Military Lawyer replied 1 year 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

Ask Your Own Military Law Question
Ask P. Simmons Your Own Question
P. Simmons
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 35,260
35,260 Satisfied Customers
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.

P. Simmons is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

P. Simmons

P. Simmons

Military Lawyer

35,260 satisfied customers

Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.

Allen M., Esq.

Allen M., Esq.

Lawyer

5,153 satisfied customers

Lawyer and current JAG officer.

Marsha411JD

Marsha411JD

Lawyer

1,798 satisfied customers

Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG

LawHelpNow

LawHelpNow

Attorney/Lawyer

223 satisfied customers

Relax. Let's work together. Practical solutions.

rcampione

rcampione

Military Lawyer

187 satisfied customers

Military lawyer - 5 years to the present

JAG Defense

JAG Defense

Military Lawyer

124 satisfied customers

CAPT, JAGC, USN (Retired); Former Military Judge; Specializing in Security Clearance Adjudications

Paul

Paul

Lawyer

48 satisfied customers

Oklahoma lawyer. Over 10 years in the military.

< Previous | Next >

Related Military Law Questions
I reenlisted from active duty army to the Florida army
I reenlisted from active duty army to the Florida army national guard. When i re-enlisted i was promised in the contract annexes, a $10,000 re-enlistment bonus. i reenlisted in December of 2015. it is… read more
P. Simmons
P. Simmons
Military Lawyer
35,260 satisfied customers
I'm a former soldier who went awol on my first enlistment
I'm a former soldier who went awol on my first enlistment then signed up for another 6 year term. The problem is they want me to pay back my enlistment bonus. … read more
P. Simmons
P. Simmons
Military Lawyer
35,260 satisfied customers
CAn an army soldier accept a gift from another country? Do
CAn an army soldier accept a gift from another country? Do they have to report it on their taxes? Do they pay taxes? … read more
P. Simmons
P. Simmons
Military Lawyer
35,260 satisfied customers
I'n in the Army and have a question. I have divorced and
I'n in the Army and have a question. I have divorced and remarried to another soldier. My divorce was messy and involved custody. I am not custodial parent but have 55- 60 % custody depending on the y… read more
P. Simmons
P. Simmons
Military Lawyer
35,260 satisfied customers
Army active duty asks for forms to request a leave of
Army active duty asks for forms to request a leave of absence.Is the spouse or family member required to pay $350. for the necessary forms? … read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,153 satisfied customers
The army conduct hiv test every year for soldier. If one
The army conduct hiv test every year for soldier. If one soldier pop up positive, would kick you out or at least alert you that you are positive. Or they let it be?… read more
Ray
Ray
Lawyer
Doctoral Degree
30,219 satisfied customers
I have been talking to an Army soldier stationed in Syria.
Hi I have been talking to an Army soldier stationed in Syria. He said his mother is sick and he needs to come home right away. He had me write an email to his general to confirm the situation that he … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
What if a soldier spreads a rumor about another soldier, and
What if a soldier spreads a rumor about another soldier, and the leadership of the somdier hears about it. Can the leadership attempt to get that soldier in trouble?… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
55,439 satisfied customers
Navy. going through a separation. BAH is 1700-ish, no kids
Navy. going through a separation. BAH is 1700-ish, no kids and in VA. We have a home together but I no longer stay, how much am I afforded to pay until divorce is finalized...? … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,798 satisfied customers
I am writing on behalf of my wife (a retired Army Soldier)
Hello ma'am...I am writing on behalf of my wife (a retired Army Soldier) who has been utilizing her Post-911 GI Bill benefits to fund flight school training...in short, the VA has informed her school … read more
P. Simmons
P. Simmons
Military Lawyer
35,260 satisfied customers
Is there a guarantee that a active soldier in the airbone
Is there a guarantee that a active soldier in the airbone division will be deployed at anytime … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,798 satisfied customers
Jag sent me an email with pictures of the texts this soldier
Jag sent me an email with pictures of the texts this soldier sent to me in December of 2015 and as my spouse told them it was proof of adultery. The army stated that there is no proof of adultery but … read more
P. Simmons
P. Simmons
Military Lawyer
35,260 satisfied customers
I am a female soldier in the Pennsylvania Army National
Hello! I am a female soldier in the Pennsylvania Army National Guard. I have been in the guard for a little over four years now. I had a baby boy in Febuary of this year. Throughout my whole pregnancy… read more
P. Simmons
P. Simmons
Military Lawyer
35,260 satisfied customers
I am a soldier on fort bragg. A fellow soldier, in a
I am a soldier on fort bragg. A fellow soldier, in a different unit has been stalking me, threatening me, terrorizing my family back home and threatened my mother. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,921 satisfied customers
If I'm separated does my spouse receive my full bah or only
If I'm separated does my spouse receive my full bah or only half? … read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,153 satisfied customers
I am a landlord and a soldier graduated boot camp in army on
I am a landlord and a soldier graduated boot camp in army on the 21st, he ows me 5175 that wasn't paid whike he was gone, and his wife nd kids are still living in my rental without paying utilities or… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
If the Army is accusing a soldier of possessing the
If the Army is accusing a soldier of possessing the substance spice/k2 but the substance was proven to be non illegal/ not spice in the local county courthouse, and the store which is in the same coun… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,153 satisfied customers
If a soldier in the Guard is violating Army values during
If a soldier in the Guard is violating Army values during his off duty activities, what can be done about it? The specific behavior is defrauding others of money. … read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x