What is the name of yWhat is the name of your state (only U.S. law)? NC
Background: Married, but legally separated for 14 months, divorce has not been filed for. Husband is in the Army Special Forces. In the past few years he has had problems with drinking, prescription drug use and PTSD, but it didn't affect his job, just his personal life, he sends threatening (as in he has driven across the country and is in my town and knows how to use lots of weapons or can kill with his hands) or just verbally abusive texts or voicemails to me constantly or says he's going to commit suicide. His commander won't give me any info when I report the incidents and say that he needs help. It was the fear of returning to war again that set off the drug abuse, drinking, and spousal abuse that ruined our marriage. The Commander just says he reports to duty on time,goes to his couseling appointments, etc., so if he is drinking and sending threats, it doesn't affect his job. Husband says his problems are all my fault because I left with the children when the physical abuse started and then called the police on post to check on him when he texted that he'd overdosed....he was put in a 28 day locked in detox program by the Army, which he says was the worse time of his life...but he eventually went back to the pills and booze, alienating all his other family members with his verbal abuse towards them.
He has been telling me for months that he is getting kicked out of the Army, is getting a medical discharge, or is just getting out....all lies to get me to accept that he wont have money to pay child support. I also receive some spousal support. We currently have a court order from the state of California of what he is to pay, it is deducted from his pay, but not always the correct amount since it's based on a percentage. He now lives in Colorado and I am in North Carolina.
Today he was convicted in a civilian court of beating his ex-girlfriend and two other incidents of fighting with someone or of violating a court order to stay away from the ex ...I'm not sure, but he was sentenced to 120 days in jail and 3 years probation (maybe for each count). The closest JAG office to me is about 150 miles away. They tell me to just come in and hang around to find out if I will be able to speak with anyone at JAG. I can't do that. I have two young children in school. I have been ill for several years with a chronic post Lyme disease, which is slowly improving with physical therapy, but right now the support is my only income, except for $65 a month in food stamps and a very small amount of SS for one child on the autism spectrum. Because of my illness and pain, I can't work right now, and cannot get disability because I was a stay at home mom and only worked part time occaisionally.
My question is, if my husband is released from the Army, whether medically or through early retirement (he has been in the Army for about 17 years and we have been married for 12 years, am I entitled to part of his retirement pay for child and spousal support? Will the children still receive medical coverage from the Army? Will I still be covered medically until a divorce is final? Will the court order from California still stand? I'm sure we will eventually be divorced, but neither one can afford more lawyers. I still owe for the one that helped me in California with the restraining order and child support and am making small payments when I can, as pre arranged with the law firm. From what I have written, does it sound like this conviction is something a person would be kicked out of the Army for? Also, if someone is being kicked out, does it take place in a matter or days or weeks or can it take many months? our state (only U.S. law)?
Background: Married, but legally separated for 14 months, divorce has not been filed for. Husband is in the Army Special Forces. In the past few years he has had problems with drinking, prescription drug use and PTSD, but it didn't affect his job, just his personal life, he sends threatening (as in he has driven across the country and is in my town and knows how to use lots of weapons or can kill with his hands) or just verbally abusive texts or voicemails to me constantly or says he's going to commit suicide. His commander won't give me any info when I report the incidents and say that he needs help. It was the fear of returning to war again that set off the drug abuse, drinking, and spousal abuse that ruined our marriage. The Commander just says he reports to duty on time,goes to his couseling appointments, etc., so if he is drinking and sending threats, it doesn't affect his job. Husband says his problems are all my fault because I left with the children when the physical abuse started and then called the police on post to check on him when he texted that he'd overdosed....he was put in a 28 day locked in detox program by the Army, which he says was the worse time of his life...but he eventually went back to the pills and booze, alienating all his other family members with his verbal abuse towards them.
He has been telling me for months that he is getting kicked out of the Army, is getting a medical discharge, or is just getting out....all lies to get me to accept that he wont have money to pay child support. I also receive some spousal support. We currently have a court order from the state of California of what he is to pay, it is deducted from his pay, but not always the correct amount since it's based on a percentage. He now lives in Colorado and I am in North Carolina.
Today he was convicted in a civilian court of beating his ex-girlfriend and two other incidents of fighting with someone or of violating a court order to stay away from the ex ...I'm not sure, but he was sentenced to 120 days in jail and 3 years probation (maybe for each count). The closest JAG office to me is about 150 miles away. They tell me to just come in and hang around to find out if I will be able to speak with anyone at JAG. I can't do that. I have two young children in school. I have been ill for several years with a chronic post Lyme disease, which is slowly improving with physical therapy, but right now the support is my only income, except for $65 a month in food stamps and a very small amount of SS for one child on the autism spectrum. Because of my illness and pain, I can't work right now, and cannot get disability because I was a stay at home mom and only worked part time occaisionally.
My question is, if my husband is released from the Army, whether medically or through early retirement (he has been in the Army for about 17 years and we have been married for 12 years, am I entitled to part of his retirement pay for child and spousal support? Will the children still receive medical coverage from the Army? Will I still be covered medically until a divorce is final? Will the court order from California still stand? I'm sure we will eventually be divorced, but neither one can afford more lawyers. I still owe for the one that helped me in California with the restraining order and child support and am making small payments when I can, as pre arranged with the law firm. From what I have written, does it sound like this conviction is something a person would be kicked out of the Army for? Also, if someone is being kicked out, does it take place in a matter or days or weeks or can it take many months? our state (only U.S. law)?