Help for a USMC Wife Getting Separated

Updated on June 04, 2009
T.C. asks from Berryville, VA
10 answers

I am trying to help a friend. Her husband is only giving her 20% I read that he owes her his housing allowance at a minimum.
He has her pretty stressed about money and caring for their 5 yr old son. Does anyone have any suggestions? We found a
number for a JAL online but she is worried that help won't come in time.

1 mom found this helpful

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L.R.

answers from Washington DC on

I was a Navy wife for quite a while and had another friend who worked for Navy Family Services. That is one of the things that they did. I think it is called something else now. The ombudsman can help also. I understand that she can contact his commanding officer and it will be taken care of immediately. The Navy/Marine Corp doesn't mess around when it comes to taking care of kids.

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C.D.

answers from Washington DC on

i only have second hand experience with this but my cousin got pregnant by a navy guy and the navy sent her the child support right from his paycheck. she never worried about it being late or anything. better yet, she had military health coverage for her son and everytime the guy got a raise, her child support went up as well. I understand that the military is very good about making sure they get their money. My cousin was never married to the man, so she never got any money but her son was fully supported until she remarried just recently. good luck

1 mom found this helpful
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K.S.

answers from Washington DC on

I am sorry to hear about your friend. ITs a tough situation. Good luck getting the bah, I am sure the dad is thinking he needs a place to live as well. Very few peoples income can afford 2 dwelling places and 2 separate households.... Not to mention child support.
I would suggest they try to stay local so that the dad can have him 50% of the time if that is possible. Then hopefully they can come to an agreement about child support so it doesnt seem so impossible. MEaning... IF they can keep it affordable he will be more likely to pay and she will be sure to get it. Otherwise if he has to pay hundreds and hundreds of dollars, she may not see a penny. Of course once there is a court order in place the military can set up an allotment for child support and she will be sure to get it, as he will never see it.
Meanwhile, she might have to get a job, if she doesnt already have one. She needs to contact JAL asap if time is of the essence.

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M.W.

answers from Washington DC on

Your friend needs to find an attorney and have them file for support for her and her son. The courts usually move fairly quickly, but that is the only way to make sure that she is treated according to what she is due. I do not know if military law or civil law has jurisdiction over child support and property issues during a separation/divorce for military personnel, so she needs to consult with an attorney to find that out. Most attorneys will give a free consultation, and she can get started that way.

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K.L.

answers from Washington DC on

As a family law attorney, I would recommend that your friend speak with a lawyer right away. If money is an issue, there may be many things she can do for herself to get the ball rolling. I can advise her on her rights and what she can do to get started. Have her call my office at ###-###-#### and press option "1" to speak with a live person. We handle cases all over Virginia.

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R.D.

answers from Washington DC on

I'm sorry your friend is going through this. It has got to be hard emotionally, and he is not making it any easier on her otherwise. She will definitely need to seek legal advice. I know you have to be with your spouse the entire time they are in the service to get the full benefit of their retirement. Which is horrible. But she also may not be entitled to alimony, depending on how long they were married. He will definitely have to pay her child support, but she may need to find another way to bring in funds since they are splitting. If he were half decent, he would at least get her though until the 5 year old is in school full-time, with summer only a week away, and then she could work withough leaving the child at day care. I hope this turns out well for her, but she will definitely need legal advice. She may be able to get free advice if she is not working and has no income. I hope she makes it through okay.

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E.M.

answers from Norfolk on

The Housing allowance, if the soldier receives it, is for the family, also his seperate rations. Your friend can go through the legal office, but the best way is to call the military spouses commanding officer and tell him she wants an automatic payment set up for that amount. the commanding officer is obligated by regulation to counsel the military member and make him aware of his obligations. the service member can be couseled and or kicked out for non payment. she also needs to get the separation agreement done (with him) from the legal office. also whoever files the divorce papers first has advantages, whatever state it is filed in has jurisdiction, so if she is moving back home she needs to think about that and be the first one to file, unless they agree to everything and have already signed an agreement, (some states don't honor these agreements, so watch out. she can also get a child support payment done through the state. which state is she palnning on being in? all states have different rules. some are bad.

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S.W.

answers from Norfolk on

Tell you friend if she has not gone to legal, to do so right away. If her husband has not gone there himself, she will get the benefit not him. She is entitled to more that 20% and medical for both of them until the divorce is final and then just the baby.

Good Luck

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A.B.

answers from Washington DC on

Tell her to get military legal advice. Unless you've been through the process, you cannot give her the legal advice she needs. You can offer her emotional support, but unless you know the system, she needs someone who can ensure she receives all she's entitled to.

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E.V.

answers from Roanoke on

I really don't know much about seperating from a Marine, as my husband and I just seperated 5 months ago, and he's been out of the Marines since 2004, but if she wants someone to talk to about being seperated and dealing, I'm available. ____@____.com I live in the Roanoke/Christiansburg, VA area. I have sons who are 5 and 3, and my husband cheated on me w/6 women (that I know of) in 8 years of marriage! OH...and he's a cop now...nice, huh?

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