My husband has not been paying the appropriate provision for dependent support based on Coast Guard guidelines. What can I do?

Asked over 1 year ago - Lake Ridge, VA

We separated in October, after I discovered he was cheating with a crew member. In November, his chief advised him to pay the BAH-with difference only.

I recently discovered that the CG / military provision is actually BAH-with difference plus 25% of his base pay. His new chief counseled him on the correct amount, but he is refusing to pay...this month, only sending half.

I have contacted his command, but this entire situation has been brushed under the rug, as he was an OCS candidate and got caught with a MK3 during his training at the academy. They seem to be doing every thing they can to "protect their own", while my son and I suffer.

Any assistance is greatly appreciated.

Attorney answers (4)

  1. Brandon Harvey Zeigler

    Pro

    Contributor Level 8

    1

    Lawyer agrees

    Answered . You are caught between the administrative side of the Coast Guard and Virginia Law. If you do not have someone in the Coast Guard willing to help, you must file and obtain court ordered support. Once the order entered, the Coast Guard will quickly comply with any garnishment issued by the state court.

    NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Zeigler is licensed to practice in the Commonwealth of... more
  2. Andrew Timothy Shilling

    Pro

    Contributor Level 6

    Answered . You need a court order for support. It sounds like you would be eligible for both spousal AND child support. Consult with an attorney in your area right away to discuss how to file petitions for support.

  3. William Emil Cassara

    Pro

    Contributor Level 18

    1

    Lawyer agrees

    Answered . Go see a Legal Assistance Officer on base. As for his chain of command, they all have superiors. So if one commander doesn't assist, go to that commander's commander. Eventually someone will listen.

    This post is for information purposes only and does not constitute legal advice, nor does it establish an attorney... more
  4. Michael R. Puhl

    Contributor Level 7

    Answered . I recommend that you contact his commanding officer and advise him of the situation. This is frequently all that it takes to resolve the issue. However, if this fails, you can request relief from the court in the county where you reside.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

31,268 answers this week

3,212 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

31,268 answers this week

3,212 attorneys answering