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Me and my soon to be ex husband who is serving in the

Hello, me and my...

Hello, me and my soon to be ex husband who is serving in the military. I do not know how much he receives he's never sustained me and my daughter part of our divorce. I don't know what my daughter and I are entitled too..

Lawyer's Assistant: Are you overseas or stateside?

Stateside

Lawyer's Assistant: Have you talked to anyone in the chain of command about this?

He is stationed in Nellis base out in Las Vegas Nevada, I am in Chino Ca with my daughter. No i have not i do not know his commander He refuses to give me that info

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I been legally married with him 2 years don't know if he is still getting an allowance don't kn

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Answered in 3 minutes by:
3/8/2018
Allen M., Esq.
Category: Military Law
Satisfied Customers: 20,574
Experience: Lawyer and current JAG officer.
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance. (The system will automatically generate a phone call request to you. Unless I specifically state, during our discussion, that a phone call is possible, I intend to just use this chat format as I am not in a position to accept a phone call).

If you are divorcing, you can use the discovery process to demand his pay stubs so that you know what money he is receiving. While he will not give you his command information, you can obtain that without his help. You are a military dependent, so you can make an appointment with a JAG office near where you are. Just go onto base with your husband's information and explain that he is not providing support and so you need his commander notified. The JAG office can use his name and your information to determine who his commander is and report the failure of support to that commander, who can order reasonable support.

During your divorce, you should also note the lack of support so the court can consider that during the "equitable division" of the assets.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Allen M., Esq.
Category: Military Law
Satisfied Customers: 20,574
Experience: Lawyer and current JAG officer.
Verified
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Customer reply replied 4 months ago
He is stationed in Las Vegas Nevada I live in Chino California would i need to go to nellis base where he is stationed or can I go to any base near me?
Customer reply replied 4 months ago
I have filed for divorce last year. We had our first court hearing November 21st. December our custody case was over. Divorce was never mentioned at court his allowances was never mentioned either. I have my daughter 100% physical and legal custody of her. she is 1 year old he is required to pay $730 a month. Through out the whole first year of my daughter's life he never helped pay with anything when i would ask him for help he would say he was required to through court I have mentioned to him is he gets any housing allowance or any family allowance he's says he gets nothing for us so he would never help. Same goes for my first year of marriage he's always failed to support me.

Yes, go to a base near you.

I would raise issues about failure of support during the divorce and with the JAG at a base near you.

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Customer reply replied 4 months ago
Its been 2 years of him failing to support would he get in trouble if i report him ? because he has threatened me before that he was going to make my life a living hell and make it burn. I would hate for him to do so if i report him:(
Customer reply replied 4 months ago
If i have a military DoD Identification card i shouldn't have any problems going into the base near me correct ?

Yes, with an ID you can get on base.

He may get into some trouble if you report him, but generally commanders don't punish someone until they have ordered payment and the person then refuses. You should certainly tell the commander that he has threatened you and ask for a "no contact" order from the commander. Then he can get into trouble even if he just sends you a text.

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Customer reply replied 4 months ago
okay great thank you !
what usually happens with cases like this when they fail to support ?
because i have text measages printed out as proof of him stating he doesn't receive anything for us and states he's not required to give me anything...
Also would you happened to know after he gets out of service what happens with military id? He is out on july 2018 but i use that military id when it comes to e.r visits for my daughter but it also states it expires on july 2018 ?
how would i do it for medical i know no information about anything he never tells me anything?

The commander would just order him to pay support until the divorce is complete. Generally, there is not any sort of punishment other than counseling, so don't think that that is going to happen.

His statement is wrong. Support is required. You are dependents.

No, you can no longer use the military ID when he gets out. I can't really tell you what you'll do for medical after he leaves the military. That may be another issue you address during the divorce.

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Customer reply replied 4 months ago
do you know how long usually that takes i file for divorce back in july 2017?

I am not a family law attorney. I am a military law attorney. We don't do divorces.

I can tell you that they take about a year, sometimes less and sometimes more.

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Customer reply replied 4 months ago
oh I see .
would they back pay it since july ? or just from now to then ?
Customer reply replied 4 months ago
would the support be half of his bah allowance or does it just depend?

I already said the command would just order that he start paying.

The military won't force any back pay. You will have to address that with the divorce court.

Generally, the support is half, but can be more or less given the circumstance. If you have a child together and he is paying no support there either, the commander may order more.

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Customer reply replied 4 months ago
I understand that the military won't force any back pay but wouldn't that be considered some what of a fraud if the government is giving him a higher allowance to "help" sustain his family and we been living in 2 different states and he's never sent me any money for me as his wife and my daughter ? I been living off the help of my parents and he been getting the same allowances without us living with him but wasting that money in bars?

No, it isn't fraud because you exist and are married. BAH is paid if you exist and are married. The regulations require the payment of support, but he hasn't been ordered to do it yet, so it isn't a violation of an order here.

Maybe his commander would try some sort of criminal action against him, but it is unlikely. I have never seen it until after a commander orders support and the soldier still refuses.

Regardless, that isn't going to help your financial situation even if command does decide to take criminal action. All you can do is tell JAG who can tell your commander and then the decision is out of your hands.

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Customer reply replied 4 months ago
whats a criminal action ?

Criminal action refers to fraud, like you were talking about. It isn't like to happen here.

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Customer reply replied 4 months ago
what exactly do i have to let the person at the base know that i want bah support until divorce is finalized ? and who do i need to ask for at the base?

You need to go to the base and ask for the JAG office. I don't now who you are to talk to in the JAG office. Just asking for the JAG office will be enough. They have a receptionist to tell you which office to go to.

Then you tell them what you've told me. You have a husband. He is in the military. He name. Then tell then he is not paying support and you want him to. That really should be it.

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Customer reply replied 4 months ago
he's starting to pay child support now, do i say support for me ? until the divorce is finalized?

Yes, you say support for you. I've really exhausted all possible answers I can give you ma'am.

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Customer reply replied 4 months ago
ok ty
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