Military pay

[slgastin]

What is the name of your state? Virginia

My fiancé is in a naval jail in Virginia, waiting to go to court martial. While in jail he found out he might have a child and the girl wants to receive child support. He was told by his counselor that since he is still active duty and still getting paid that she can receive his entire check because he is in jail. Is the information his counselor told him correct and is it legal?

[badapple40]

It is possible. If he is confined pursuant to a conviction at court-martial, he loses all pay and allowances by operation of law (and often by sentence at the court-martial as well). However, if someone has dependents, the convening authority can waive forfeitures in favor of the dependents.

The issue here is whether or not this woman has established paternity in the civil courts and obtained a child support order that would entitle the child to those benefits. My guess is, if this is the first your friend has learned of it, that this has not yet occurred.