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I signed up on this website because my daughter is married to a sailor.  They were married when he graduated from boot camp and she is pregnant with his child.  He is attending A school and she was all set to join him.  After many delays, he just told her that he did not want her to join him, that he was too young to be a husband and father and they were done.  Naturally, she is heartbroken.  I don't know what to do for her and I don't know what her rights are.  He is getting extra pay because he is married, but he will not send her any money.  She had to resign from her job due to the pregnancy so is not working.  Is there any legal advocate that she can access through the Navy?  Would they encourage him to provide some support for his wife?   We have a National Guard office here and she is going to see them for some advice, if any, but does anyone know if there is another recourse?  Should she call his base?  We are looking for any kind advice.  Thanks so much.

Views: 515

Comment by MIL2JRP4 on November 20, 2011 at 9:09pm

Thank you, Craig. I have relayed this info to her and she is going to the National Guard office tomorrow morning to talk to someone, hopefully they have a legal advisor.

Comment by abbyblue on November 20, 2011 at 9:21pm

Your daughter should hire a lawyer first thing Monday

Comment by Craig on November 20, 2011 at 9:32pm

Truly I think anyone under 30 is too young to marry. Geez, enjoy life... But, their hooked now and have a child on the way. So he is the info you need.

 

She's entitled to the spousal support. That money is not his, it hers. All she needs to do is contact the legal office near her, or to call his legal office. It's an extremely easy process. When the baby comes make dang sure he owns up to it. Not everyone can be a dad, however, he will always be the father. Even if/when they divorce, the child still is his. Once they divorce she's on her own, however, as long as he stays in the military, the baby will have free health care till 21 years old.

 

Here is how the pay is figured out:
From: MILPERSMAN 1754-030, Chapter 15, Support of Family Members, provides a guide for family support in the absence of an agreement or court order. Para. 4.a. The obligation is expressed as a fraction of the sailor's "gross pay" (defined as base pay plus BAH, if entitled, but excludes all other allowances, such as BAS, hostile fire pay, etc).

 

Spouse only: 1/3
Spouse & 1 minor child: 1/2
Spouse & 2 or more children: 3/5
1 minor child: 1/6
2 minor children: 1/4
3 minor children: 1/3
Waiver of Obligation
Only the Director, Dependency Claims, Navy Military Pay Operations, at DFAS, may grant a waiver. Pursuant to para. 5.b, the grounds for a waiver are:
Desertion without cause,
Physical abuse, or
Infidelity by the spouse.

 

Should a waiver be granted, it only applies to the spousal portion, and not the portion attributable to children.

 

Make dang sure she understands that she shouldn't play all of her cards at once. Have her call him, and let him know that she will be calling base legal if he doesn't start sending some support for basic needs. Give him a chance to wise up. If she comes across and a money hungry bitch, then the marriage will never be saved. She needs to come across as the angel in all of this (unless she is done with the marriage too). She needs to show respect, as does he. Remember if legal gets called too soon, he might just ask for a discharge which is really easy nowadays. Then she won't get anything. Again, give him a chance to wise up... and hopefully work out this kink in there marriage. The focus is getting them back together, not to make the problem worse.

 

Read this link for more info:
http://www.public.navy.mil/bupers-npc/reference/milpersman/1000/170...

Comment by Craig on November 20, 2011 at 9:34pm

Sorry MIL2 - Had so many typo's I decided to correct my post and add more...

Comment by MIL2JRP4 on November 21, 2011 at 9:47am

Thank you all for your feedback.  We certainly appreciate it.

Comment by Anti M on November 21, 2011 at 10:22am

Good advice and one more thought ... if they will divorce, she should not sign anything until after the child is born/

 

Does she even have her ID card??  Using Tricare insurance?  She'll need that for the pregnancy and delivery.

Comment by MIL2JRP4 on November 21, 2011 at 10:39am
Anti M: Yes, she has her ID card and is using Tricare. She is afraid that he will have her removed and she won't have any insurance. Trying to take Craig's advise and give him a chance to do the right thing but he is reluctant to speak with her... Also, what he says (saying he will send some money) and what he does are two different things. She is living with me and I will, of course, take care of her but I feel he should take some of the responsibility. Until recently, she was working part time so had gas money, dr co-payments, etc. but they made her stop working as her pregnancy advanced.
Comment by Anti M on November 21, 2011 at 11:58am

He can't pull her Tricare.  He'll be in deep shit with the Navy if he tries and she contacts his command.  The Navy can indeed force him to send money in an allotment (as Craig outlined above), be sure she has a bank account for it to go to without his name on it.  

She should not just roll over if he threatens to cut off her health insurance, pardon me, she may have to be a bitch.  If it were just the two of them, I'd say cut her losses, but there is the child to consider.  She should call his command ASAP. That BAH is hers, and one third of his pay is hers.  No question.  Do you need help finding phone numbers and contacts?

Comment by Craig on November 21, 2011 at 12:00pm

MIL2 - Everyone deserves a chance.  This guy has about 1000 things going on in his head, and this is one of those things.  Unlike the ladies above, the wife will lose all ability to rekindle their marriage if she starts pressing the money button.  Yes, she needs money to live, and she needs to ask for it.  However, don't threaten the guy until you know dang sure he's not going to pay.  I know if it were me, I'd be saying "See this is why I don't want to stay married, all she's after is my money.  Thank God I'm ending it here".....   Make her the angel, make her shine.  

Being a guy, I know plenty of newbies that would say, "Screw it, I hate the Navy anyways, and I'd rather just get discharged than give her anything".   Remember, in today's Navy it is extremely easy to get out.  Yes, most of the ladies above are saying "run to the command", which she could.  But that's like winning the battle, but losing the war.  She'll end up getting 3 months of payments, and a lifetime of nothing.  GIve him a small amount of time to get his mind on the right track again... Have her take the punches life throws, and hit back with a right hook.  Keep working on the marriage, just don't give up. There will be times along her journey that she will be faced with extreme obstacles and setbacks (and really, who hasn't come across those once or twice in their life?).  It’s the times like these when she'll find out what she is really made of, and just how much she can take before she is ready to break down. These are the moments she will find out just how much she is worth and how strong she really is. These are the times when her character is built, and her destiny unravels. What she choose's to focus on when things get tough will determine everything. It won't be easy, if it were, they wouldn't be called obstacles, and they wouldn't force you to grow.  She should be glad it isn’t easy, you learn a lot more from harder times than you do from the easier times, trust me.  Try to keep the marriage alive!

 

Remember, in life we all don't make the correct decisions, sometimes we wake up and realize that we screwed up.  You don't want to have the wife put the "nail-in-the-coffin" by being a bitch.  Yes, I know "He's being a @sshole", but this isn't a game, this is life.  You don't have to play at the same level, you play better.  You want to focus on getting this marriage back together.  Even if it doesn't, you what years from now for him to think "I never knew how much I lost by my stupid thoughts".   I say "Kill him with kindness", it hurts more....

 

Again, everyone needs a chance to save their marriage.  I'm only saying give him 2 months.  After 2 months of working on the married, then rat him out to legal.  

 

btw:  Geez, the ladies above are pretty rough.  I'm surprised they didn't say "Cut off his nads".

Comment by Craig on November 21, 2011 at 12:13pm

I agree with Anti, he can't take her off of Tricare.  

I agree also about the BAH, and 1/3 of the pay is hers.  If she decides to call legal after exhausting all efforts in saving her marriage, she can say that she hasn't been received any money for the past x months, and they will garnish his pay for that money.  She's will not lose anything!....  

 

 

Just curious, how many months along is she?  

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