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-   -   Kicked To The Curb!! (http://www.ramforumz.com/showthread.php?t=71187)

bransonshemi 01-12-2011 07:34 PM

Kicked To The Curb!!
 
ok, guys. I need some info here, my cousin married a army guy about 8 months ago, everything seemed good but they really rushed into it, now 8 months later he really is showing his Bi-polar'ness and is divorcing her and kicking her out.

She was using his bank and now he took all of the money and opened a new account, turned off her phone and now she is living in her car/at a friends, she cant drive back to her home town(7 hours away) because her car needs to be fixed before driving that long.

So my questions are....I know that she is supposed to get half of his pay or some portion, but im not sure how she is supposed to go about doing that. Im in the military as well but ive never had to deal with this and i cant find any info online.

So if anyone has any knowledge about this i would really appriciate your help, and so would she.

Chili1K 01-12-2011 07:49 PM

My father had an account and his health was at risk, our lawyer said he needs a power of attorney set up so i can handle his banking etc. We went to the bank and they wouldnt accept power of attorneys unless he had a doctors note saying he was unable to bank. The bank manager suggested just add me to the account. Then let him understand that I was Now part owner any monies in the account is OURS and not his. At any time I could remove cash at will, any or all. So she made sure he knew I was part owner and such things could happen legally.

When you have a shared account there is nothing the other party can do.... first one to the account wins. If she has direct deposit into the shared account i suggest she fixes that immediately. She is basically SOL until the paperwork is filed and completed. Hopefully she can get a good lawyer to help her out.

Sorry to hear about your cousin.

hope the best for her.

RootBeer 01-12-2011 08:18 PM

The "half-his pay" or "part of it" is barracks law. Her best bet is to go see his 1Sgt or CO and tell him/her what the situation is.

rinnels69 01-12-2011 08:52 PM

Quote:

Originally Posted by RootBeer (Post 409855)
The "half-his pay" or "part of it" is barracks law. Her best bet is to go see his 1Sgt or CO and tell him/her what the situation is.

Ditto. The 1st Sgt won't be able to do anything legally, but he can sure "highly suggest" something to him. Bottom line: she needs to get a lawyer.

ALSO, he is legally required to support her...and he can't kick her out. He can/will be moved into the barracks or lodging for a short time, but he just can't kick her out.

platinuminjected 01-12-2011 08:56 PM

Quote:

Originally Posted by rinnels69 (Post 409907)
Ditto. The 1st Sgt won't be able to do anything legally, but he can sure "highly suggest" something to him. Bottom line: she needs to get a lawyer.

agreed 100%

KennyPowers 01-12-2011 08:59 PM

She cute? :naughty: In all seriousness though, I wish her the best of luck!

iRESQu 01-12-2011 09:55 PM

The last I knew as a military (ex)wife is that she is entitled to his BAH as "alimony" but I could be wrong. There might be certain eligibility requirements she may have to had meet. .

Toms Blue Ram 1500 01-12-2011 10:05 PM

Contact a attorney .

RootBeer 01-12-2011 10:21 PM

After thinking about this some more, I feel I need to give more input.

The guy's Army which means he's likely spent time in Iraq or Afghanistan. If he has, he's got a better than 80% chance of having PTSD not bipolar and doesn't even realize it. Even if he feels something is wrong he's likely to "man up" rather than seeking help because he doesn't want his buddies to look down on him. Its a fact of life in the military. He also probably doesn't want to lose his clearance or position which could also happen when he seeks Psych help. Another reality of being in the military.

Now as for her. Since he is divorcing her, she can petition the court for a part of his pay until the divorce goes through. As for after the divorce, that's purely up to the court. If they were living in base housing she can ask the 1Sgt or CO to allow her back in housing and have him moved to the barracks until the divorce is final. If they were living off base which is more likely the situation, the CO can force him into the barracks and she can live where they were living until the divorce goes through, but one or both are still going to be legally responsible for the lease or mortgage.

With them being together for such a short period of time she's not likely to get much. She really needs to get a lawyer.

bransonshemi 01-12-2011 10:46 PM

Thanks for all the help guys.......You too Paris:LOL:


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