Q for a buddy

[anthony2010]

What is the name of your state (only U.S. law)? Nc

Hanging around waiting for a post on my issuse and saw this for military law. Got a question I am gonna ask for my buddy. He is going through a divorce, ex is getting over 700 in CS and seeking spousal support as well. Buddys checks are now less than 400 every two weeks they took out several allotments b4 the separation. He can barley make his car insurance, phone bill and such. He is in Germany and in the calculations for CS they included his COLA which I dont think should have been included. He shot me a message a few days ago and said that his Chain of Command is on his ass cuz he asked a friend also military to borrow 200 dollars, guy said sure mentioned it to somebody else who told his Sergent. The guys a spec and aint making all that much and shouldn't they have looked at all his allotments and what he actually gets instead of his gross pay? He also said that his ex wife lawyer said they are going to have him sell his car a 2000 Pontiac that they purchased while together, Can they really do that he has been to JAG but says they are most unhelpful. Man has got to have his car and he sure cant afford to buy a new one. Just looking for some advice to try and help him out he says he is about ready to just give up. I feel bad for him he deploys in November and has a combat MOS, he dont really need to be this stressed out over there, gotta stay alive ya know. He has a girlfriend and his wife got into his email and got her number and keeps calling her and her 2 year old daughter real bad names, shes telling her that she plans to make him go broke so he cant give her (girlfriend) any money, shes just being mean and childish, any help for a soldier in trouble like this??

 

[DRTDEVL]

He doesn't need his car, he lives in the barracks now. Sell it to a buddy for $100, buy it back after the divorce. Heck, it's 10 years old, so $100 isn't unbelievable.

If he is receiving more than $200/mo in COLA, it's his own damned fault for having this affect his support orders. He should have had the COLA reduced once his dependents no longer resided with him. He'll be hurting even more when DFAS finds out and charges him the difference.

He shouldn't have a GF, either. Separation does not = single in the eyes of the Army.

Is he in 3-4? Just a little deductive reasoning.

Have him drop a 4187 in his orderly room to start BAH at the dependent's location, then have JAG draft a letter to the court exercising his SCRA rights. He won't have another hearing until after he returns home, but his divorce will not move forward, either.

He lives in the Barracks, he doesn't need a phone. He doesn't need a cell phone, either. These are personal financial choices he has made. If he lives in housing, that's fraudulent. Get out of housing and get BAH. Housing is for families, not pimp bachelor's pads.

Is the CS court ordered? If not, he is only required to send her the BAH amount for their location. Make sure he gets that BAH, then send her the next even $$$ amount in hundreds over that. So, $787 would mean $800. $542 = $600. This way it shows he is providing more than required for support of his dependents. BAH is also higher than the COLA difference, so it doesn't pay to defraud the .gov. If the CS is court ordered, pay that, but not one cent more. The SCRA will halt any proceedings she would put forward for more money.

Tell him good luck, and try to make better decisions in the future.


Signed,
An NCO in the 170th.