Seperation and rights


#1

Hi!

I did some research for you and here is what I found. Apparently until a court intervenes it is the branch of military that your spouse is in determines the initial support.

I can not find anything about your right to remain in housing. My suggestion would be to see if there is a professional on the base that can help. Please also make sure that you are watching out for your own interests, do not leave it up to the military. Seek an outside attorney if needed.

Here is what I found for the marines and you can view the whole page at: military-divorce-guide.com/f … upport.htm

Marine Corps Family Support
LEGADMINMAN, Chapter 15 sets up monthly support standards Marines must follow, depending upon the status of the family member, but note that a Marine is never obligated to pay more than 1/3 or his/her “gross military pay” (defined as total pay an allowances received by the Marine):

Civilian spouse/children in military housing: $200 per supported person.

Civilian spouse/children not in military housing: The greater of BAH with-dependents or $200 per supported person.

Multiple families: The greater of the pro rata share of BAH with-dependents or $200 per supported person.

Military spouse: No support obligation.

Military spouse with all children: The greater of BAH with-dependents or $200 per supported person.

Military spouse with children split between the parties: the greater of the pro-rata share of BAH with-dependents or $200 per supported person.

A commanding officer may relieve the Mariner of the support obligation in cases where the Marine cannot determine “whereabouts and welfare of the child concerned”, the civilian spouse committed documented physical abuse against the Marine, or the family member to whom the support obligation would be owing is in jail.

Here are two other sites that you should visit:

usmilitary.about.com/od/divorce/ … paydiv.htm

4militaryfamilies.com

Best of luck
MP


#2

Thank you so much. I will look into those sites. I had heard about the 1/3 of his pay. I will make some phone calls tomorrow too. Thanks again and keep the answers coming.


#3

Dear dreasmarine:

Greetings. That was so nice of mpcv to help you out with those links. Thanks mpcv!</font id=“navy”>

You should look into criminal conversation and alienation of affection.

I would suggest that you go and speak with the legal assistance office on base concerning what can happen for the housing. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#4

Hello all and I hope anyone can help. My hubby is a Marine. I have been married for 3 1/2 months and he all of a sudden wants a divorce. Now I have many questions so bear with me please. First of all we were married in PA where we were from and we now reside in NC. I know the law is seperation for one year here but can he go to PA and file. He seems to think he can. Also his children’s mother has been harrassing us(big damper in marriage) and he slept with her last month when she came to pick up children. What can I do about that. And last but not least, do I have to leave our government housing? He still has a key to his barracks since we just moved here and I have nowhere to go and know noone here. Do I have to leave here and if I do doesn’t he have to leave as well. I have 2 children also, and we have nowhere to go. SOmeone please help me and answer anything I forgot to ask. Thanks guys. Also will I get pay while we are seperated and what about the belongings in our home? He already took the car keys from me and will not let me have a car. He claims they are in his name so I don’t have rights to anything. We have 2 cars, he’s just being immature. I work and have 2 kids, what am I supposed to do about transportation? Sorry guys but just curious on all.