Q. about military, divorce, and child?
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Q. about military, divorce, and child?
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Son's wife moved to States w/their little toddler. How can he see the child now, he's based overseas? Also, all her stuff is packed and mailed to her. She is not going back, yet wants the divorce delayed for a year or two. Advice?
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Mike
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In regards to the delay in the divorce, she might want to postpone it because of the amount of money she can get from his retirement. Whether the federal government does or not, the state government can try to impose a % of his retirement for her for the rest of her life.
In so far as seeing his child, he is probably going to have to come back to the states for his visitation.
Recommendation: Get divorced quickly. This sets permanent child visitation for him and can possibly save him a bit of his retirement. |
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lconnor65
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He had to get authorization to move dependents back early unless she left and paid her own way.
If they are on friendly terms they can make arrangements for now until he can get a custody order from the courts.
Not sure he can talk to JAG and they can advise him but can't really do much. You can do divorces online and I suggest he does it. If not he has to give BAH to his wife and she will get to keep her benefits till the divorce is over. |
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Coke
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Why shouldn't she want a delay , She gets part of his pay , gets support payments from his pay and has no reason to answer anything he wants or expects.
If they are on the outs , get it over with and separate all the way . go on with their lives ... To bad another life has to be effected by two adults decision. but that's life! |
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ArmyWife4Life
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He needs a lawyer. Yahoo Answers isnt gonna help anyone. |
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usmcberk
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He needs to talk to his C.O. and will prob get referred to base legal.Even if they are separated and not divorced he still has rights to see his children. I honestly don't know if she can legally take the kids away if they are legally separated. I wish i had more answers. : ( |
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Dayzee
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he needs to talk to his chain of command... he can let them know whats going on. They will be the ones that give him the best advice and they will actually help him. The military handles these kinds of situations completely different from how the civilian world does it. |
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Kimberly W
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I agree with Dustoff |
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C C
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With him being stationed overseas and her here in the states that is going to make things difficult if not impossible to get the divorce done and over with. She is probably collecting the BAH since that is supposed to be to support the spouse and doesn't want to lose that money. I would contact a lawyer and get it over with as soon as possible since if they remain married for 10 years or more she gets his pension when he gets out. Get the divorce done as soon as possible. Why drag it out a year or two? She may be pregnant and planning on claiming it is your sons so she can get child support from him also. Ir is not fair to the child to drag this out either. Once there is a court order then depending on where he is stationed visitation can be arranged. Until then the child and your son are in limbo. But while they are still married he does not have to send additional money to support her or the child just the BAH. Sounds cruel but that's really all he has to give her and the child she is the one who left so she is the one who needs to pay for everything now. Your son needs to have it set up so that if the child needs anything he can send you or another trusted person the money to get his child those items. Personally I would not send cash to the woman in excess of the BAH. |
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Reason
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Well first off its your son and his wife business so its really not for you to get involved with but that another story. Your son should see a lawyer to get the divorced taken care of and not delay. She just want to delay because as long as he is married to her he's practically obligated to take care of her. The army can make sure an allotment is set up to her if she says he isn't sending her money or something like that. They make sure the wives always have access to the funds.He needs to let his chain of command know whats going on so they can get him the help he needs.Well good luck with the situation and I hope it all works out in your sons favor! |
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betty boop
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How long have they been married? I know that there is a number of years and she will be entitled to some of his pension after he retires. My brother in law just went thru this and they were married 10 years. |
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jlf
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This is your son's business, not yours. |
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