Posted on Jan 25, 2020
What financial obligations do you have for a spouse processing a divorce?
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Without getting too detailed I have a service member who is looking for advice.
Backstory:
Both spouses were arguing and after one left the vehicle and threatened to walk 5 miles back onto the base the service member exited the vehicle and tried to pull the spouse back into the vehicle. The spouse reported this to the service member's chain-of-command and wanted no further contact and to have no charges pressed. The chain-of-command placed the service member into a family advocacy program with an MPO separating both of them. This was the service member's first ever offence. They have only been married for 1 year. A divorce is processing now.
The service member has 0 financial obligations currently.
The spouse has a large loan, car payment, insurance, house payments, etc. They are using a joint-bank account where the spouse is continuing to remove $1000+ from the service member's paycheck, this has left the service member with only $200-300 every paycheck. Due to the MPO there is no chance of making contact with the spouse. The service member has reached out to their CO and they have said it would be "financially depriving their spouse" if the service member stopped supporting financially. The spouse has no job and is using the service member as their full income.
Is this legal?
What should the service member do further to prevent financial abuse?
Should the spouse only be allotted a certain allowance?
Thank you.
Backstory:
Both spouses were arguing and after one left the vehicle and threatened to walk 5 miles back onto the base the service member exited the vehicle and tried to pull the spouse back into the vehicle. The spouse reported this to the service member's chain-of-command and wanted no further contact and to have no charges pressed. The chain-of-command placed the service member into a family advocacy program with an MPO separating both of them. This was the service member's first ever offence. They have only been married for 1 year. A divorce is processing now.
The service member has 0 financial obligations currently.
The spouse has a large loan, car payment, insurance, house payments, etc. They are using a joint-bank account where the spouse is continuing to remove $1000+ from the service member's paycheck, this has left the service member with only $200-300 every paycheck. Due to the MPO there is no chance of making contact with the spouse. The service member has reached out to their CO and they have said it would be "financially depriving their spouse" if the service member stopped supporting financially. The spouse has no job and is using the service member as their full income.
Is this legal?
What should the service member do further to prevent financial abuse?
Should the spouse only be allotted a certain allowance?
Thank you.
Marriage
Divorce
Advice
Finance
Edited 5 y ago
Posted 5 y ago
Responses: 6
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Lawyer up like yesterday! Make sure is a lawyer with military divorce experience. Regarding finances, separate accounts ASAP. And let your friend work with his lawyer. Do not, and I say, DO NOT stick your nose on this issue.
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1. Consult legal.
2. Keeps your hands to yourself regardless of the situation (not including self defense). It will never work out in your favor.
3. Don't do anything to compromise your security clearance.
2. Keeps your hands to yourself regardless of the situation (not including self defense). It will never work out in your favor.
3. Don't do anything to compromise your security clearance.
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LTC Jason Mackay
PFC (Join to see) I am obligated to inform you the following:
- AR608-99 is what he Army says. Your attorney may have different advice.
- get a lawyer that does military divorces
- inform the chain of command. Start with the NCO support channel. Chances are they have 3-4 divorces between them and they can help.
- work on separating your finances
- all your Support dollars need to be traceable. Electronic transfers. Check numbers etc. do not do cash or untraceable money orders unless you keep the records.
- the .spouse will get unbelievably smart, unbelievably fast, become an expert on Army Regulations, state law, and DFAS. Ensure you are doing your part and hold up the agreements. She will have "your friend" Company Commander on speed dial. Providing them timely updates on your payments etc, deflates those calls.
- don't stir stuff up. Work through your attorney.
- AR608-99 is what he Army says. Your attorney may have different advice.
- get a lawyer that does military divorces
- inform the chain of command. Start with the NCO support channel. Chances are they have 3-4 divorces between them and they can help.
- work on separating your finances
- all your Support dollars need to be traceable. Electronic transfers. Check numbers etc. do not do cash or untraceable money orders unless you keep the records.
- the .spouse will get unbelievably smart, unbelievably fast, become an expert on Army Regulations, state law, and DFAS. Ensure you are doing your part and hold up the agreements. She will have "your friend" Company Commander on speed dial. Providing them timely updates on your payments etc, deflates those calls.
- don't stir stuff up. Work through your attorney.
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