what would a military lawyer suggest i do if my military spouse isn't giving me a lot of money

In that case, you would need to contact a lawyer. As for him, as long as he is married he has a duty to support you according to the Military; failure to do so can cause him to get in trouble (which from the sounds of your email, that is what you are seeking to do as well).

Full Answer

How can I get financial support as a military spouse?

Although there are a number of ways to getting the financial support you may be entitled to — including court orders and using the service member’s chain of command — each service has its own regulations that may apply to your circumstances. The military benefits you’re entitled to as a military spouse include, but aren’t limited to:

What happens if your spouse is in the military for 20 years?

Your spouse served in the military for at least 20 years which are creditable for retirement. There is a minimum of a 15-year overlap in the marriage and your spouse’s time in the military. You will not have access to commissary or exchange privileges.

What is a power of attorney for military spouse?

Also known as POA, it’s a legal document that gives military spouses the power to act on their spouse’s behalf while they’re TDY or deployed. This typically covers legal or economic issues military family members may experience while the service member is down range (like filing taxes or emergency financial assistance).

Can a military spouse get a legal separation from their spouse?

Military members and their spouses, just like people who have no military connection, may decide to legally separate. Sometimes, they have hope that their marriage can be restored. Some may decide to enter a legal separation indefinitely so that the nonmilitary spouse can retain some spousal benefits.

How much money is a military spouse entitled to?

The Uniformed Services Former Spouses' Protection Act (USFSPA) limits pension division awards to 50% of the service member's disposable retired pay. However, the maximum can be as high as 75% if the court orders the service member to pay alimony and/or child support.

Does the Service Member Civil Relief Act apply to spouses?

Generally, SCRA protections cover both regular active-duty military members and Guard and Reserve members who've been activated under federal orders, and their spouses.

Can a military spouse get in trouble?

It isn't just poor financial management by a military spouse that can get a service member in trouble. Your career field and poor habits can also lead to a clearance being revoked. Another case involved a military spouse working at a recreational marijuana store in Denver, where it is legal to use such substance.

What is considered spouse abandonment military?

Abandonment happens when a spouse leaves another without consent or notification and with no likelihood of returning to the marriage. In a military marriage, according to the Military OneSource website, the abandoned spouse still retains all of his or her military benefits in this situation.

How does the military spouse Relief Act work?

This Act allows a servicemember's spouse to keep a legal residence throughout the marriage, even if the spouse accompanies the servicemember to California on military orders. This Act also provides an income tax exemption for the servicemember's spouse.

What does the Servicemembers Civil Relief Act cover?

It covers issues such as rental agreements, security deposits, prepaid rent, evictions, installment contracts, credit card interest rates, mortgage interest rates, mortgage foreclosures, civil judicial proceedings, automobile leases, life insurance, health insurance and income tax payments.

Can a military spouse sue the military?

A civilian has the right to sue the military under the FTCA for negligence. The right extends to veterans and military dependents. Therefore, a family member of a service member or a retired service member may file a wrongful death lawsuit against the military for the death of a family member.

Do military spouses fall under UCMJ?

A military spouse is not subject to the UCMJ, so it appears as if you received misinformation.

Are military spouses a protected class?

IN CALIFORNIA, MEMBERS OF THE MILITARY AND VETERANS ARE PROTECTED FROM DISCRIMINATION AND HARASSMENT IN EMPLOYMENT, HOUSING, AND BUSINESS ESTABLISHMENTS.

Can I sue my husband for abandonment?

One of the ways is known as desertion, which essentially means you have been abandoned. You will need to be able to show that your spouse has, without your consent or without good reason, abandoned you for at least two years before you can start a petition for divorce.

Can a military spouse go to jail for adultery?

What sort of punishment do soldiers face for cheating on their spouses? The military penalty remains pretty harsh: up to a year in confinement plus a dishonorable discharge, which entails the forfeiture of all retirement pay.

How long do you have to be married to get half of military retirement?

There is no set amount of time that you must be married for your spouse to potentially be able to access your military pension in a divorce. Even if you were married for less than a year, a court may award a share of your military retired pay to them.

How long can you get medical benefits after divorce?

You may qualify for medical benefits for one year following you divorce if: You were married for 20 years. Your spouse served in the military for at least 20 years which are creditable for retirement. There is a minimum of a 15-year overlap in the marriage and your spouse’s time in the military. You will not have access to commissary ...

How long can a spouse be married?

Spouses Married 20 Years or More . When a couple has been married at least 20 years, there may be benefits available to the nonmilitary member spouse such as medical care and commissary and exchange privileges if they meet certain qualifications. 20/20/20 Benefits.

How long does a spouse have to be married to get military benefits?

Benefits for Those Married Less than 10 Years. When the divorce is finalized, a nonmilitary spouse retains no military benefits if the marriage lasted less than 10 years. It can be a real financial jolt to you to be forced to give up your military ID and the benefits that come with it.

How long does a military spouse have to be married to get retirement?

Your military spouse performed at least 20 years of service creditable for retirement pay. Your 20-year marriage overlapped your spouse’s 20 years of military service.

What is an ID card?

This means the person has the same full benefits during the separation as he or she had during the marriage. The ID must be surrendered and will no longer be valid when a divorce is finalized. Medical Care.

What are the laws and regulations for garnishment of military pay?

Specific laws and regulations include: Servicemembers Civil Relief Act (SSCRA), Uniform Services Former Spouse Protection Act (USFSPA), the Survivor Benefit Plan (SBP), as well as knowledge about how garnishments of military pay can be accomplished.

What percentage of the military benefits are given to a beneficiary?

When a military member dies, the SBP provides a benefit of 55 percent of the members selected base amount to a selected beneficiary. A family law court may require the military member to designate a former spouse as the beneficiary. If this happens, the member cannot change beneficiaries without a written agreement from the former spouse. Other restrictions may apply.

What is USFSPA?

USFSPA is a congressional act that has been in place since 1981 to give former military spouses protection. It specifically spells out what former spouses are entitled to and what they are not. It covers retirement pay, insurance, survivor benefits and countless other important issues.

How to contact a military chaplain?

And they can refer you to other resources if necessary. Contact Military OneSource on the web or call 800-342-9647 for information on counseling in your local area. It’s free and doesn’t have to be reported back to your spouse’s unit.

When was the USFSPA passed?

Read the Uniformed Services Former Spouse Protection Act (USFSPA). No, really read it. USFSPA is a congressional act that has been in place since 1981 to give former military spouses protection.

Is divorce harder for military spouses?

This is the unforeseen consequence of a divorce for a military spouse. Some former military spouses say this transition is surprisingly harder than living independently from their active-duty member. Their military friendships, experiences, and support slowly fade away.

Can a military spouse divorce?

In a military divorce, not only do you lose the servicemember, but spouses frequently lose the relationships, networks and support they built in the military, too. This is the unforeseen consequence of a divorce for a military spouse.

Is every divorce attorney schooled in military divorce?

It is a specific practice and expertise; don’t underestimate the benefit of finding someone with this knowledge. Not every divorce attorney is schooled at military divorce. As stated before, military divorces are different with different sets of entitlements.

Is divorce easy?

Know divorce will not be easy. If you feel that divorce is inevitable, know that it is not going to be an easy process. Military couples report that it is much more complicated than they expected, especially if children are involved.

What is BAH in military?

Basic Allowance for Housing (BAH) is given to every active-duty service member as part of their bi-weekly pay. How much you receive is usually based on where your service member is stationed. Even if you choose to live somewhere other than his duty station while he is home or deployed, you will still receive BAH based on duty station, not your residence.

Why is MWR more affordable than off base?

The programs MWR funds and manages on base are often much more affordable than their off-base counterparts because the government subsidizes their costs. MWR manages most recreation on every base, including gyms, pools, bowling alleys, horse stables, event centers, golf courses, discounted equipment rentals and more.

What do military members get?

Every military service member receives at least a base pay. Most also receive a variety of allowances, special pays and bonuses de pending on things like deployment, paygrade and military job. For most married service members, those allowances include Basic Allowance for Subsistence (BAS) and Basic Allowance for Housing (BAH).

What is BAH insurance?

By law, BAH is meant to cover 95 percent of your housing costs, minus renters insurance. The BAH rates are recalculated every year. If the rates go down where you are living, you will be grandfathered into the older, higher rate. If the rates go up where you are living, you'll receive the new, higher amount.

What is military shopping?

Military Shopping Benefits. Known as "non-monetary compensation," military shopping benefits help military families save money on the things they want or need. Most bases worldwide are home to a military commissary operated by a government organization called the Defense Commissary Agency (DeCA).

How to get military benefits?

To receive any military benefits, military family members must be registered in the military's personnel system, the Defense Enrollment Eligibility Reporting System (DEERS), and receive a military ID card. To do that you need to be the service member's spouse or child.

What are the benefits of being in the military?

The military can be a difficult lifestyle for a family, but it does come with some excellent benefits. Some of those are in the form of cash, and some are in the form of discounts. In addition to the bi-monthly paycheck, military service members receive benefits like money for housing, subsidized groceries and healthcare.

What is a durable POA?

A durable POA lasts beyond the length of a deployment or becomes effective if your spouse were to become unable to manage his or her affairs. When creating a POA, you and your spouse must specify that you want the POA to be durable, otherwise it will automatically end if your spouse were to become incapacitated in the future.

What are the benefits of a POA?

First, it allows you to access the family finances and take care of any rent or other monthly expenses without your service member. Second, it allows you to pay your taxes without having your spouse present.

What is POA in military?

Also known as POA, it’s a legal document that gives military spouses the power to act on their spouse’s behalf while they’re TDY or deployed. This typically covers legal or economic issues military family members may experience while the service member is down range (like filing taxes or emergency financial assistance).

What can you do with a POA?

This type of POA limits what you can do in your spouse’s name. You can only perform acts like filing taxes or selling off your spouse’s car if he or she outlines those items in the document.

How to set up a POA?

So How Do You Establish POA? 1 In the bottom search box you’ll select “Legal Services/JAG” 2 Then enter the installation where you’re currently stationed 3 After hitting the “GO” button, results should populate with the available legal offices on your base and information on how to get in touch with them. 4 You’ll set up an appointment with your legal office and they’ll step you through the rest!

Is a military POA effective?

Regardless of the state however, Federal law stipulates that a Military POA is legally effective regardless of specific state laws. This means your POA will be effective if you’re stationed in one state, ...

Can you get a POA while deployed?

Obtaining POA should be just one of the boxes you check off before your spouse goes downrange.

What is the Army 608-99?

Army Regulation 608-99, Family Support, Child Custody and Paternity, addresses the issue of family support. I find this regulation to be wordy and a bit confusing. There are some parts that are perfectly clear, however, including this (from Paragraph 1-5-b):

What happens when a commanding officer receives a complaint of non support?

If a commanding officer receives a complaint of non-support, they are supposed to require the service member to prove that they are supporting their family. The commanding officer is not permitted to define what level of support is considered adequate.

Can the military use civil judgments?

The military services does not intend these guidelines to be used in place of appropriate civil judgments, but rather to bridge the time between a separation and legal action. It is in both parties' best interest to come to an outside agreement or pursue the issue through the civil courts or administrative departments.

Can a court order override the guidelines?

The details vary markedly between the services, though, so be sure to get the right information for your branch. There are a few things to keep in mind: any court order or legal agreement will override the services guidelines. There are extenuating circumstances that will override the guidelines.

Do service members have to provide support to their family?

The good news is that there isn't a lot of guesswork involved: every service has some sort of regulation that addresses this issue. In general, service members are required to provide some support to their family. The details vary markedly between the services, though, so be sure to get the right information for your branch.

What to do if your chain of command is not assisting you?

If his chain of command is not assisting you, contact the Chaplain for his unit. The Chaplain can often act as a mediator and can help to resolve the situation. If both of those avenues fail, contact JAG.

Where does Stacey's husband live?

Stacey's husband joined the Army in 2003 and was medically retired after four deployments. They live in north Georgia with their son and she now manages digital marketing for a national retailer. She enjoys continuing to support Army spouses and families in their journey through Army life.

Can soldiers help you divorce?

While they generally cannot assist you in divorce proceedings (not always the case), they can lead you in the right direction. Your soldier has an obligation to continue to support you while you are married as he is receiving allowances for being married and he is certainly obligated to support his children.

Your Military Benefits

Military Policies Regarding Abandoned Spouses

Other Options to Consider

• You could try to get an allotment for financial support: 1. Voluntary allotment— Avoid going to court by asking your spouse to set up a voluntary allotment with the financial office, which will automatically distribute a set amount of your spouse’s pay to you. Since this is a voluntary process, your spouse can elect to change or stop the allotment ...

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