Military Law

Have military law questions? Ask a military lawyer.

Ask a Lawyer,
Get an Answer ASAP!

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: 30 days ago.Category: Military Law
Show More
Show Less
Ask Your Own Military Law Question
Answered in 52 minutes by:
3/22/2018
Military Lawyer: Lucy, Esq., Attorney replied 30 days ago
Lucy, Esq.
Lucy, Esq., Attorney
Category: Military Law
Satisfied Customers: 31,899
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.

Ask Your Own Military Law Question
Military Lawyer: Lucy, Esq., Attorney replied 26 days ago

Do you have any questions about this?

Ask Your Own Military Law Question
Was this answer helpful?
Ask Lucy, Esq. Your Own Question
Lucy, Esq.
Lucy, Esq.
Lucy, Esq., Attorney
Category: Military Law
Satisfied Customers: 31,899
31,899 Satisfied Customers
Experience: Lawyer

Lucy, Esq. 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

14,718 satisfied customers

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

Allen M., Esq.

Allen M., Esq.

Lawyer

5,188 satisfied customers

Lawyer and current JAG officer.

Marsha411JD

Marsha411JD

Lawyer

1,828 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'm trying to get a divorce from my wife who is in the Navy.
I'm trying to get a divorce from my wife who is in the Navy. She now just had her dad serve me. She lied on the papers saying when we separated. We separated June 20th 2016 because she cheated on me w… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
If someone was dishonorably discharged from the Coast Guard,
If someone was dishonorably discharged from the Coast Guard, is it illegal for them to vote or own firearms when they are back in civil***** *****fe?… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
I am a ex-navy wife, i married my ex in 1967 and we/he
good evening i am a ex-navy wife, i married my ex in 1967 and we/he retired in june of 1984. We divorced in May of 2000. The court stated that i am entitled to have my husbands retirement. I have my d… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,188 satisfied customers
Are article 32 hearing public? Stateside. Navy Navy co. Not
Are article 32 hearing public? JA: Are you overseas or stateside? Customer: Stateside JA: Have you talked to anyone in the chain of command about this? Customer: Navy Navy co JA: Anything else you wan… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
Can I get denied bah. Stateside. but my wife lives in Miami
stateside. virginia but my wife lives in Miami with her parents … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
Wife is in navy, just received order to a new duty station.
Wife is in navy, just received order to a new duty station. My employer is giving me an issue with taking my son to move in with her … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
I have a UCMJ question regarding BAH and if it can ONLY be
I have a UCMJ question regarding BAH and if it can ONLY be ordered to be repaid by a judge … read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,188 satisfied customers
I have questions on BAH with dependents. State. Its from
its from when I was on AD I'm going through a Divortce … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
Wondering if any dishonorable discharge (due to failed
Wondering if any dishonorable discharge (due to failed random drug test) can ever be reversed or upgraded? … read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,188 satisfied customers
I am a navy spouse and am currently going through a divorce.
Hello, I am a navy spouse and am currently going through a divorce. My soon to be ex-husband has given me a paper to sign stating that he doesn't owe me anything financially. How can I get someone to … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
I was looking if there is a way I can leave the Navy early,
I was looking if there is a way I can leave the Navy early, I know you must get this a lot but the military isn't for me and I think it's for the best that I put up my boots for the greater good of myself and for others. Is there any way I can start on separation? … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
I'd like to talk to Mr. about leaving the Navy Reserves and
Hello, I'd like to talk to Mr. Simmons about leaving the Navy Reserves and what my options might be (if any). … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
Im married and me and my wife are both in the NAVY. im
im married and me and my wife are both in the NAVY. im stationed in Italy and she is stationed in FL. they didn't approve our co-location so im wondering can I get transferred from my current duty sta… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Bah is $2037. E5 married 8 years. How much bah am i entitled
Bah is $2037. E5 married 8 years. How much bah am i entitled to monthly. He wants a divorce for absolutely no reason and I don't. I honestly feel like he's going to abandon me and leave me with nothin… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
How can I get a dishonorable discharge changed to a general
How can I get a dishonorable discharge changed to a general discharge? … read more
Amadeo Rivera
Amadeo Rivera
JD
85 satisfied customers
My stepson was given a dishonorable discharge from the USN
Hello, My stepson was given a dishonorable discharge from the USN approximately 8 years ago. He started out at boot camp in Illinois and moved to nuclear power school in Charleston SC. During this tim… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 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
1,828 satisfied customers
Is going AWOL from AIT a dishonorable discharge, and is
Is going AWOL from AIT a dishonorable discharge, and is there jail time involved … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 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