Daughter's AF husband arrested for Domestic Violence

[FordellCastle]

What is the name of your state? Illinois/My daughter's husband is in the Air Force, stationed in southern Illinois. She called me on Thanksgiving and was telling me he had assaulted her (my words-I won't go into specific details here). The phone was disconnected, and I was unable to get hold of her again. I called police near their home, she was taken via ambulance to hospital and he was arrested and jailed. She is seriously injured. I heard from her today, my grandson is with her and her husband is in military custody. I am wondering, what exactly does this mean? I read online that she will be entitled to $850 per month plus another $215 for her baby even if he is discharged for up to 36 months. She is worried, afraid, etc. The military personnel took additional photos of her injuries today as evidence. She will not drop the charges. Will the military assist her in getting these benefits I mentioned, or should I hire a private attorney for it? Family Advocacy has been no help at all, taking his side when she detailed emotional abuse/threats and criminal acts he is under investigation for. She filed a civil restraining order. She went back for the plenary with an advocate, but it was denied. What is she entitled to from the military, and how does she get it? Please advise.

 

[Silverplum]

What is the name of your state? Illinois/My daughter's husband is in the Air Force, stationed in southern Illinois. She called me on Thanksgiving and was telling me he had assaulted her (my words-I won't go into specific details here). The phone was disconnected, and I was unable to get hold of her again. I called police near their home, she was taken via ambulance to hospital and he was arrested and jailed. She is seriously injured. I heard from her today, my grandson is with her and her husband is in military custody. I am wondering, what exactly does this mean? I read online that she will be entitled to $850 per month plus another $215 for her baby even if he is discharged for up to 36 months. She is worried, afraid, etc. The military personnel took additional photos of her injuries today as evidence. She will not drop the charges. Will the military assist her in getting these benefits I mentioned, or should I hire a private attorney for it? Family Advocacy has been no help at all, taking his side when she detailed emotional abuse/threats and criminal acts he is under investigation for. She filed a civil restraining order. She went back for the plenary with an advocate, but it was denied. What is she entitled to from the military, and how does she get it? Please advise.

I can't begin to imagine how the bolded could be true. That's nuts, and not the way CS or whatever is calculated. Where, exactly, did you read that??

 

[CourtClerk]

SP, since he's in the military, perhaps this is some kind of allottment.

The military has their own way of doing things, and this probably has nothing to do with CS as we know it. OP, stay tuned for the military specialists to come by and give you some of their responses as to how they work. It's a holiday weekend, so it may be some time before they respond, maybe. In the meantime, sorry about your daughter. Hope she heals well.

 

[Silverplum]

SP, since he's in the military, perhaps this is some kind of allottment.

The military has their own way of doing things, and this probably has nothing to do with CS as we know it. OP, stay tuned for the military specialists to come by and give you some of their responses as to how they work. It's a holiday weekend, so it may be some time before they respond, maybe. In the meantime, sorry about your daughter. Hope she heals well.

I get that, and appreciate you CC. But that's a hella lot of cash for a "standard." Wouldn't that take, like, every penny a youngster/low rank dude would make??

Plus, OP wrote that her daughter was "entitled" to receive that kind of $$$ "even if he is discharged," for 3 years. How's he going to pay it?

 

[CourtClerk]

I get that, and appreciate you CC. But that's a hella lot of cash for a "standard." Wouldn't that take, like, every penny a youngster/low rank dude would make??

Plus, OP wrote that her daughter was "entitled" to receive that kind of $$$ "even if he is discharged," for 3 years. How's he going to pay it?

I unno the only thing I know about the military is that my dad, uncle and aunts are all retired from different branches. Maybe the amount is based on rank. Do people get money if they are discharged? If he gets a dishonorable, that's like being fired right? What do they do to you for beating your wife? Are there no civilian criminal charges because the military police came and got him? Can you tell I am seriously out of my league on this??? Although like the regular old American STBX wife, I wouldn't think she was "entitled" to anything, but we'll see.

I agree with you that the lower ranking folks of the military make no money at all and a thousand dollars a month is like almost all of their pay, but guessing what the military does with their folks is like trying to calculate child support in Tanzania I guess. Shoot, now I have a bunch of questions about this. Where are my favorite military men and women when I need them???

Edit: hey SP, happy Turkey Day... any special pudding on the table yesterday?

 

[navdoc]

It may be money that she gets when he is in the brig or whatever they call it in the Air Force. Seeing as he is not discharged until he is released.

 

[Fl_renter]

I can't begin to imagine how the bolded could be true. That's nuts, and not the way CS or whatever is calculated. Where, exactly, did you read that??

Would love to know where she read that too because my DH works security on base (active duty) and laughed when I read that to him. I haven't heard of anyone being entitled to a specific amount of money just because their husband was in custody.

If you are dishonorably discharged, you don't receive pay.

 

[fozzy2]

There is a lot going on here. To begin with, a servicemember is required by regulation to "provide support" to dependants regardless of the absence of any support orders, etc. If they don't, they can be punished under the UCMJ. The easiest route is to get a court order and then have his wages garnished. The following page provides some contact info:

http://www.dfas.mil/garnishment.html

If the marriage is over (and it sounds like it should be) she should immediately begin proactive financial meausres like A)draining accounts B)taking her name off joint accounts, etc. Get a local divorce attorney who has handled military cases. In the meantime, if she is urgently short of cash she can contact AF Relief or the Red Cross.
The military will generally enforce any civilian issued protective order, she can get a "military protective order" as well. In the long term, this guys career is almost certainly over. A conviction of a qualifying misdemeanor domestic violence charge will trigger the Lautenberg Amendment, restricting his ability to possess firearms. The military usually will administratively discharge him for this reason (if he hasn't been discharged by court martial alreayd).

 

[CourtClerk]

There is a lot going on here. To begin with, a servicemember is required by regulation to "provide support" to dependants regardless of the absence of any support orders, etc. If they don't, they can be punished under the UCMJ. The easiest route is to get a court order and then have his wages garnished. The following page provides some contact info:

http://www.dfas.mil/garnishment.html

If the marriage is over (and it sounds like it should be) she should immediately begin proactive financial meausres like A)draining accounts B)taking her name off joint accounts, etc. Get a local divorce attorney who has handled military cases. In the meantime, if she is urgently short of cash she can contact AF Relief or the Red Cross.
The military will generally enforce any civilian issued protective order, she can get a "military protective order" as well. In the long term, this guys career is almost certainly over. A conviction of a qualifying misdemeanor domestic violence charge will trigger the Lautenberg Amendment, restricting his ability to possess firearms. The military usually will administratively discharge him for this reason (if he hasn't been discharged by court martial alreayd).

Thanks Fozzy. Any truth to this statement that the OP made?

I read online that she will be entitled to $850 per month plus another $215 for her baby even if he is discharged for up to 36 months.

Do you have any idea what she is talking about?

 

[IrishLady47]

Where did you read this? As fozzy2 stated, military members are expected to support their dependents. And, even before a court order can be issued. a commander will advise the soldier of this requirement. Normally, at a minimum, the family members will receive at least the BAH allotment.

I do vaguely recall some other benefits to military dependents when domestic violence is involved--but my recollection is of extended medical benefits and transportation after the mlitary member's discharge--not any cash benefits.

Will do some research before I post again about this.

 

[FordellCastle]

Here is one of the links:
http://usmilitary.about.com/library/weekly/aa012101b.htm

From WomensLaw.org: " If your husband is separated from military service because of abuse, either by court-martial or administratively, then the military should provide you and your family members with financial, medical and dental benefits. This is called the Transitional Compensation Program.You will receive these payments once a month for 12-36 months."

From Robins AFB link:
http://robins.jag.af.mil/vwap.htm

"Currently amount of payment is $850.00 per month for the spouse; $215.00 per month per child under 18; $182.00 per month per child 18-23 in school; and $361.00 per month per disabled child. The rate is set by 38 USC § 1311(a) and 38 USC § 1311 (b). If there is no eligible spouse, compensation paid to a dependent child or multiple dependent children will be paid in equal shares as governed by 38 USC § 1313. Payments will be prorated for months when payments start in the middle of the month. If there is an odd amount because of multiple children, then the odd cent will go to the youngest child."

You may need to copy and paste...if so, I do apologize.

 

[FordellCastle]

I read the replies more throughly, and am responding to other questions posed. She did file civilian charges, and he was held in the County Jail. He has never given her a penny, they had been separated for most of her pregnancy (she lived with me, and I supported her. He did not even show up at the hospital when his son was born.) She is determined to be independent, and plans to begin attending college again in January after the birth of her son in September(this in addition to a job). He disabled her car while a civilian protective order was in place, but military refused to pursue it (happened on base while she had her son at the doctor). He forged her name to a check for several thousand dollars while she was living with me. After the baby was born, he claimed to have had an epiphany. I suspect he found he would lose his BAH for her and the child and have to move back on base-he does not have the rank to be able to live off base unless married, from what I understand. She had already spoken to a divorce attorney without his knowledge, and he threatened to seek full custody of the baby due to her being hospitalized for a few days due to post-partum depression (no doubt also due to his terrorizing her). My dad was a Marine, my uncle was Navy, etc. There are so many men and women with such honor, he reflects so poorly on them. Sorry to ramble. I am heartbroken for her. She is covered with bruises...

 

[Fl_renter]

I'm so glad you posted the links so I could look at it, I can't wait to show this to my hub! He doesn't deal with people living on base since he isn't an MP but it's GREAT info for him to be able to share with the other people he works with. I know several people that could have benefited from having this knowledge.

 

[IrishLady47]

She will not be able to apply for the Transitional Compensation Benefits until he is either court-martialed or administratively separated from the service due to the domestic violence (must be the reason for CM or separation). Note - rate is the same as DIC under Title 38, so as of 2007 it is $1003 for spouse + 257 per dependent child. The effective date for benefits is the date the CM sentence is imposed or administrative separation is approved.

But for now (and when she was living with you before), she needs to contact his commander about having a support allotment set up. If his commander is not of assistance, she should go to the base JAG or IG. Since there is no court order for CS or SS in place, normally an allotment at least in the amount of the BAH rate is what the service member is "strongly encouraged" to set up or face UCMJ for not supporting dependents.

 

[DRTDEVL]

Close enough, IrishLady... Only one point to ponder:

*If* there is housing available on base, the Military could opt to offer living quarters in lieu of payments, usually only done when there is a mandatory on-base housing policy (policies can be enacted when there is a lot of vacant housing or the cost of living in the area is substantially above the national average). In 2003, the law was changed to reflect that if a service member's family resides in base housing and the spouse is physically able to work (lack of child care is *not* an inability to work), the service member is not required to give a dime to the spouse (the quarters are "valued" at the local BAH rate, trumping the monetary amounts that would be awarded).

The OP does not need to worry about this in her situation, but it is good info for future reference... The rules were changed to protect the service member from having an infidelous spouse living in quarters, not working, living off his paycheck, and moving her boyfriend in (happened a lot after the start of the war). The OP's situation is nowhere near the scope of this change, so she will be awarded BAH in the rate local to his duty station. If that's $800/mo, that's what she gets, even if she chooses to live in an area entitled to $2000/mo (or, conversely, an area entitled to $450/mo).