Adultery - Will he get into trouble?

[cj33070]

[]What is the name of your state? New York

I am a civilian and just had a baby with an Airman in the National Guard. He is on active duty, already married, planning on a divorse soon, but is not legally separated. Our relationship did not work out and we are recently broken up. I know our child is entitled to certain benefits. However, if I call the Guard to research these benefits, will he get into trouble?

 

[Davidzill]

Good news is since you obviously knew about it, you both could be charged with adultery. Hahahahahahahahhahahhahahahahahahah!!!!!!!

 

[chrisdizz22]

was he on active duty when the child was conceived...... and from what ive been hearing i dont know if its true , but adultry isnt illegal under the UCMJ....In my opinion if your spouse is in the military, and you commit adulty...then you should face the same punishment as your spouse would have to face.. .. .. .. .. ... .. .. . . . .

 

[badapple40]

http://www.army.mil/usapa/epubs/pdf/mcm2002.pdf

pdf page 374 (for those with manual for courts martial, look at IV-97)


a. Text. See paragraph 60.
b. Elements.
(1) That the accused wrongfully had sexual intercourse
with a certain person;
(2) That, at the time, the accused or the other
person was married to someone else; and
(3) That, under the circumstances, the conduct of
the accused was to the prejudice of good order and
discipline in the armed forces or was of a nature to
bring discredit upon the armed forces.
or the spouse of co-actor, or their relationship to the
armed forces;

e . Maximum punishment. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 1 year.

 

[rmet4nzkx]

You have the best interest of your child and their future to think of first. File a paternity action in your state, this will include DNA testing, if he cooporates with the testing and the courts orders, it may have litle impact on his military career, at worst, discharge from the military, which if he is deployed may not be all that unwelcome. If you delay to establish paternity, your child may lose their right to their entitlements should something happen to the father.

 

[cj33070]

To Badapple40:
I'm positive that the first two rules apply but am confused what would fall into the third.

He was on active duty when our child was conceived - he was on his two week leave, then went back overseas.

I'm not posting this question to make sure he does get into trouble, I'm making sure he won't. I know that she is entitled to medical benefits which I can not provide at this time, but if I call the Guard to have the paperwork processed, will he get into trouble? If I understand from reading other threads, the only way he would is if I write a letter directly to his commanding officer and he decides to make an example of him, otherwise they won't care. Is this right? Is it just a case by case basis?

 

[chrisdizz22]

To Badapple40:
I'm positive that the first two rules apply but am confused what would fall into the third.

He was on active duty when our child was conceived - he was on his two week leave, then went back overseas.

I'm not posting this question to make sure he does get into trouble, I'm making sure he won't. I know that she is entitled to medical benefits which I can not provide at this time, but if I call the Guard to have the paperwork processed, will he get into trouble? If I understand from reading other threads, the only way he would is if I write a letter directly to his commanding officer and he decides to make an example of him, otherwise they won't care. Is this right? Is it just a case by case basis?

i dont think most commanders go out of their way to get someone for adultry.. I heard some girl call my commander and try to get someone im my unit in trouble for adulty, not sure who but. my commander just basically told them to pis off, but nicer..

 

[pgapics]

The child should get the benefits, but the child has to be added to his military record as a qualified dependent. If you have no ties to each other at this point hopefully he will own up and take responsability for that child. Was he on the certificate as the legal father? If so the process should be relatively painless.

To Badapple40:
I'm positive that the first two rules apply but am confused what would fall into the third.

He was on active duty when our child was conceived - he was on his two week leave, then went back overseas.

I'm not posting this question to make sure he does get into trouble, I'm making sure he won't. I know that she is entitled to medical benefits which I can not provide at this time, but if I call the Guard to have the paperwork processed, will he get into trouble? If I understand from reading other threads, the only way he would is if I write a letter directly to his commanding officer and he decides to make an example of him, otherwise they won't care. Is this right? Is it just a case by case basis?

 

[fozzy2]

I'm not posting this question to make sure he does get into trouble, I'm making sure he won't. I know that she is entitled to medical benefits which I can not provide at this time, but if I call the Guard to have the paperwork processed, will he get into trouble? If I understand from reading other threads, the only way he would is if I write a letter directly to his commanding officer and he decides to make an example of him, otherwise they won't care. Is this right? Is it just a case by case basis?

Yes, such things are often on a 'case by case' basis. *Normally*, if paternity is legally established without fights/lawsuits, then the admin people will help you do the paperwork and the matter won't be pursued. *Normally* a case like this won't be pursued because most commanders don't consider it meets "test 3" (prejudicial to morale and order), particularly since it happened on leave. However, there can be exceptions. If the guy is hated by his command they may use this as an excuse to nail him. Or, if suits are filed and the command lawyers/officers get dragged in (legal hold, letters, etc.) then they might decide to make something of it.

I would suggest doing whatever is needed to legally establish paternity, sign up for whatever benefits you (or the child) qualify for -- and then let the chips fall where they may. What I wonder is if his current wife knows about this situation? It will be almost impossible (and foolhardy) to take care of this without her being informed. Now, what happens when/if SHE decides to try and fire up the chain of command.....