Los Angeles, CA asked in Child Support, Divorce and Military Law for California

Q: my spouse join military 7 years ago,we dont live together since he started his service. are we legally separated?

i am working at the time thats is why my child and i can not move with his service state station. he only give little amount monthly for shelter because he said i am also working. and now that i am sick he wants a divorce. once legally divorce: can i ask a judge on a back payment for the past 6years since he is collecting bah with dependent? can i ask for child support? is there a spousal support until i land a job? my deepest appreciation on your response in this matter is greatly appreciated.

1 Lawyer Answer
Robert Donald Gifford II
Robert Donald Gifford II
Answered
  • Military Law Lawyer
  • Oklahoma City, OK

A: You are not legally separated, however ever branch of service requires support to be provided. For example, pursuant to AR 608-99 the Army requires that the military member provides an amount equal to his/her Basic Allowance for Housing.

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