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My niece husband of one month has decide to go in the Navy.

Customer Question
My niece husband of...

My niece husband of one month has decide to go in the Navy. he is running away from his 4 month old baby and wife.he is telling her he is only going to send her 500.00 a month and that it is for the babys needs only. the question is the BHA he plans to keep the money for his self. is this not intended for the family?

Lawyer's Assistant: What steps have been taken? Have any papers been filed in family court?

Not yet. should she do this now as he leaves for basic on the 28th of this month

Lawyer's Assistant: Family law varies by state. What state are they in?

Michigan

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

Not right now thank you

Submitted: 3 months ago.Category: Military Law
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Answered in 52 minutes by:
3/22/2018
Military Lawyer: Lucy, Esq., Attorney replied 3 months ago
Lucy, Esq.
Lucy, Esq., Attorney
Category: Military Law
Satisfied Customers: 32,264
Experience: Lawyer
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

BHA is only allowed when there is no basis housing available for the service member's family and they have to pay for accommodations elsewhere. He's not eligible for BHA on his own, and BHA is not to be used to increase the service member's pay. If he were to apply for that money and keep it for himself, she could report him to the MPs. It's a crime, with a maximum penalty of up to 10 years of imprisonment, plus a dishonorable discharge. I used to prosecute civilians who misused BAH. It's taken pretty seriously.

As for child support, what she's entitled to is determined by state law, not what he feels like paying. This calculator will tell her what she's entitled to:

https://micase.state.mi.us/calculatorapp/public/welcome/load.html

Once she gets a child support order, she can use it to garnish his wages directly from the military, so the question of whether to pay it out of his hands. The way to apply for an order is to file for divorce. There is no waiting period in Michigan before she can file. She could also ask the judge to order him to pay her the money from BAH if she needs it for her own housing expenses.

If you have any questions or concerns, please reply WITHOUT RATING so I may address them. My goal is to provide you with excellent service. Otherwise, please rate my answer positively so I get credit for the time spent speaking with you today. Mobile users may have to scroll to the right. Thank you.

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Military Lawyer: Lucy, Esq., Attorney replied 2 months ago

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