QUESTION
Is it better to go to military regarding a cheating husband who did not support his family while overseas, or handle it in court?
Asked on Jun 08th, 2015 on Divorce - Nevada
More details to this question:
Husband had an affair and got the girl pregnant overseas. He admitted to it after I confronted him about it. We've only been married less than 2 yrs., but he pocketed all BAH, FSA and other entitlements without even telling me he received all of this. I had been paying all of the housing costs for over a year and taking care of two teenage girls (my daughter from a previous relationship and my niece). They are no blood kin to him, but we did claim them on our taxes for the past two years. I also had to take out a loan on my 401k and apply for credit cards to support the home and family. I believe the entire BAH should have went to the household. He claims that because he pays child support for a child from a previous marriage that this is why he recv'd BAH. He also fraudulently recv'd TLA & received adv pay 2x that was supposed to pay for moving expenses & incidentals, that I actually paid for. I only want what I am entitled and for him help pay back my loan and credit cards.
1 ANSWER
You are correct (and he is not really wrong) -- BAH may be paid to a military member who has a support obligation to either current family members (this includes the children in your household, so long as you are married) and possibly children being supported. In any event, a current spouse can often use administrative requests to direct at least the current allowances tot he family in the absence of a court order for their subsistence -- but it is usually not as much as a court will order in terms of temporary support. So while you might start with your husband's command, you should consult with a family law specialist well versed in military benefits and obtain a court order of temporary support while you sort out your legal affairs. For background, see "Divorcing the Military: How to Attack, How to Defend" posted at http://willicklawgroup.com/wp-content/uploads/2014/12/Divorcing-the-military-00073427x7A582.pdf.
Answered on Jun 09th, 2015 at 8:41 AM