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

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

Posted

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.

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2 comments

Asker

Posted

That's already in the works...however our court date is not until late June, and I'm really struggling with trying to support my son on one income. The military has certain provisions in place, which provide for support in the absence of a court order.

Andrew Timothy Shilling

Andrew Timothy Shilling

Posted

The military provisions can only be enforced by the military. If they are not providing you with assistance, then your only alternative is the court system. I know it is a slow process, but you will be entitled to retroactive support when you go to court. The only other option I can think of would be for you to go higher up the chain of command and see why they are not complying with their own rules.

Posted

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 client relationship with Mr. Cassara.

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1 lawyer agrees

Posted

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 Virginia, United States Court of Appeals 4th Circuit, United States Bankruptcy Court (E.D. VA) and United States District Court (E.D. VA). Any comments posted are based on an analysis of only Virginia law or relevant federal law and the limited facts given. There is no implied or actual attorney-client relationship arising from this posting. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights.

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1 lawyer agrees

Posted

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.

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