Husband serving 20 yrs in USDB

[monica_MC]

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

My soon to be EX husband is serving 20 years in the USDB for sexual abuse on a minor. We have 3 kids together and this issue has left us in some horrid situations. He was supposed to lose his pay and allowances but after I had contacted the General of the post we WERE stationed at he reinstated my husbands pay, in order to help me and my kids to get back on our feet.

However, my husband has collected his entire pay since the time he was convicted which was Oct. of last year and his pay has recently stopped in May of this year due to his (or would have been) ETS date. I have fought with IG at Fort Irwin, IG at Fort Leavenworth, IG at Fort sill, and Rock Island Arsenal for an investigation into his non support. Finally an investigation was at least attempted in or around March of this year. Fort Leavenworth and Fort Sill both say the investigation was closed and I was approved for child support.

The thing is whoever is in "Charge" at the USDB directly spoke with my husband and told him he had to pay out his child support. My husband signed a paper stating he would but then did the complete opposite and has spent every dime he has collected while in Prison. I know this because someone in finance had the heart and could see my stand point on this issue and told me how much he was paid which was around 2900 a month since convicted and that he has spent EVERYTHING in his prisoner account on books and magazines.

I dont understand HOW and WHY the military has allowed him to do this when the only reason his pay continued was because the General reinstated it for child support. Even as a prisoner he was still being paid as an active duty member and with that in mind he and the military should have obeyed the military regulations on child support. I have talked to people since finding out his pay stopped only because his "should have been" ETS date came and gone, and now the have basically told me I am out of luck. Is there anything legal I can do since the military went against their own regulations?What is the name of your state (only U.S. law)?

 

[Zigner]

So, you are saying that we keep military members who are convicted and imprisoned for child abuse on the payroll?

 

[monica_MC]

I swear on everything this is true. I know its hard to believe and what you said is exactly how I feel it is ridiculous!

 

[Zigner]

I swear on everything this is true. I know its hard to believe and what you said is exactly how I feel it is ridiculous!

Ridiculous is on the right track. I'm royally pissed off that my tax dollars go to that. I know it's super tough on you and totally not fair, but I'll be damned if I want my tax money supporting a convicted child molester (on top of the cost of prison)

 

[monica_MC]

"Ridiculous is on the right track. I'm royally pissed off that my tax dollars go to that. I know it's super tough on you and totally not fair, but I'll be damned if I want my tax money supporting a convicted child molester (on top of the cost of prison)"


I am right there with you! I am very upset about it. The POS has called me a few times and bragged about the Grand treatment he gets in prison too. The military has put me and my kids and my sister who I have custody of who is the victim of all this, through the ringer, and now that they tell me there is nothing they can do because he has went on a shopping spree behind bars while totally ignoring his obligations, royally pisses me off. I am only 30 with 3 kids all his and custody of my teen sister I am trying to raise. And the help I have gotten from the military is a JOKE. No offense to the military people who happen to read this but something needs to be fixed because I gave up my whole life and career for him to serve our country and this situation had left us homeless while he pocketed a few grand....its sickening

 

[Marine Seagull]

The squeaky wheel gets the oil.

Keep contacting the military and his command.

He is not spending 2900 hundred dollars in the brig on books and commissary. No way no how. There are strict rules in place about detainee property and cell organization 1 pen, 1 book, 1 pair shoes, 1 pair sweats. But not 2900 hundred a month. $250 the first month to get everything they allow and maybe $40 bucks a month after that (if your good).

Make sure of your number. Reduced rank equals reduced pay.
Another possibility, his pay is going to a fine and he is also getting nothing or very little. He could be giving it to somebody else, who does he trust.

If you are getting a divorce this should be something your divorce lawyer is willing to pursue for you.

Direct letters and phone calls to prison officials will lead to direct stress on your husband, if he has that kind of money in his account and he is in the wrong. They will look into it, they will keep him accountable.

 

[monica_MC]

Keep contacting the military and his command.

He is not spending 2900 hundred dollars in the brig on books and commissary. No way no how. There are strict rules in place about detainee property and cell organization 1 pen, 1 book, 1 pair shoes, 1 pair sweats. But not 2900 hundred a month. $250 the first month to get everything they allow and maybe $40 bucks a month after that (if your good).

Make sure of your number. Reduced rank equals reduced pay.
Another possibility, his pay is going to a fine and he is also getting nothing or very little. He could be giving it to somebody else, who does he trust.

If you are getting a divorce this should be something your divorce lawyer is willing to pursue for you.

Direct letters and phone calls to prison officials will lead to direct stress on your husband, if he has that kind of money in his account and he is in the wrong. They will look into it, they will keep him accountable.

Thanks for your input but it is true and he has spent this kind of money, and he has bought everything I listed. I know this because IG has informed me of this and so has our Victim Coordinator at the USDB. He had that kind of money in his account but like I said he had spent it all. The only thing they said they can do since there is no more money left for his child support is bring the fact that he refused to pay child support when his parole and clemency hearings come up. ON top of him getting his usual pay from the military's payroll he was also working in the kitchen as part of the prison work program and that is where he was making 40 dollars a month, but on top of that he was also getting his pay as a "soldier". As far as rank they have all told me he will be kept at his current rank, and after his sentence will be dishonorably discharged. I know it is beyond ridiculous and that is why I am here in hopes of finding out my legal options if anyone knows.

 

[LdiJ]

Thanks for your input but it is true and he has spent this kind of money, and he has bought everything I listed. I know this because IG has informed me of this and so has our Victim Coordinator at the USDB. He had that kind of money in his account but like I said he had spent it all. The only thing they said they can do since there is no more money left for his child support is bring the fact that he refused to pay child support when his parole and clemency hearings come up. ON top of him getting his usual pay from the military's payroll he was also working in the kitchen as part of the prison work program and that is where he was making 40 dollars a month, but on top of that he was also getting his pay as a "soldier". As far as rank they have all told me he will be kept at his current rank, and after his sentence will be dishonorably discharged. I know it is beyond ridiculous and that is why I am here in hopes of finding out my legal options if anyone knows.

I don't see that you have any legal options. He is in jail, he won't be earning more than a few bucks a month on a prison job, and there will be no money available to give you unless you can prove that he has hidden money somewhere.

Apply for state assistance (tanif, food stamps, medicaid etc) and do your best to find a job to support you and the children. Go to school on scholarships, grants and student loans if you need that in order to make enough to support all of you.

Good Luck

 

[xylene]

Why don't you have you own lawyer instead of relying on the military IG who seem NOT to have your interest at heart.

 

[Shadowbunny]

Two suggestions:

Call your local congressman
Call your local investigative media