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What are my rights as a spouse of an active duty army member???

Richmond, VA |

Hi,Im married to someone on active duty. we married quickly bc i wasnt working and he promised to give me the extra money from BAH until we moved into together. During my time of getting things situated and slowly moving in, he became abusive. I wanted to leave but didnt know how to get away with no money. he told me he was about to pcs and I took that as my chance to get away bc with him gone I didnt have a fear of being physically hurt for leaving. It was time for the holidays when he left and I have a daughter so my excuse for not leaving with him was to let my daughter spend time with family one more before we left. He said ok and was to send plane tickets after the holidays were over. he left with our things to make sure we would come. now he wont give them back

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Attorney answers 4

Posted

I concur with my colleagues. Army regulation 608-99, paragraph 2-16 governs a soldier's family support obligation in the absence of a court order or written agreement. Essentially, the soldier is required to provide support in an amount equal to a percentage of BAH at the with dependents rate depending on the number of family members. Once there is a written agreement or court order, the agreement or court order will control. As a spouse, you are entitled to consult with an Army lawyer through the legal assistance program. I recommend you take advantage of this so that you can determine what your specific rights are and how to go about divorce proceedings. The Army is not a court and has no authority to adjudicate, mediate or arbitrate domestic relations matters. If you are physically abused, you should not hesitate to report this abuse to either the civilian (off-post) or military (on post) police. In either case, you can pursue a protective order requiring your husband to stay away from you.

Law Office of Stephen P. Kelly (508) 983-1479--Criminal Defense, Military Law, Divorce & Family Law, Appeals. DISCLAIMER: Answers to posted questions are for general interest only and do not constitute legal advice. No attorney-client relationship is established by virtue of any answer posted by the attorney.

Posted

His status in the military is not the primary factor here. This is a domestic matter and will be resolved in civilian courts. However, the military will require him to support you with an amount equal to his BAH. In addition you can contact his chain of command about your property. But they will not play "divorce court." They can enforce military regulations regarding what he has to pay you, and you should obviously call the police if he gets violent, but the military will not divide up the property based on your word. They will leave that to civilian courts. Best of luck.

Asker

Posted

Thank you so much. Last week he sent me a text and said that he put my things in storage and I wont be able to get them for atleast another year because he is getting deployed. I tried to call to find out when but I got no answer and he wont return any calls or messages. We got into an argument bc my daughter asked him to send her things and told me if i want it to come get it myself. I work an $8.00/hr job and can noway possible get enough money to rent a truck or something to go and get our things.

Posted

Your rights would be the same as any other person who wants a divorce.
You are entitled to some support money so long as he is in the military. If he doesn't cooperate then you can report that to his commander.
You can report the abuse to Army CID on post at Fort Lee. You can also get free legal assistance for general information about divorcing from the base legal assistance office at Fort Lee.

www.court-martial.com; www.court-martial.us.com; mljucmj@gmail.com 703-298-9562, 800-401-1583. Answering your question does not create an attorney-client relationship.

Asker

Posted

thank you so much

Posted

Your rights/entitlements are as follows: 1) under AR 608-99 you are entitled to financial support unless you have a separation agreement/court order in place, 2) your may also qualify for transitional compensation (financial support to victims of crimes committed by Soldiers), 3) you are entitled to seek free legal assistance from a judge advocate on post regarding the 2 above matters. If you are not getting financial support, you may consider filing an IG complaint.

This information is intended for public use only, it does not form an attorney-client relationship and it does not constitute legal advice. If you seek legal advice on military law issues, contact an military law attorney. My contact information is novalegalservices@live.com or 804-955-9867.

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