is abandonment an option

[kikuko]

I was married January 20, 2009. My husband is in the US Marine Corp. We dated for three years prior to getting married. We have a son together and a daughter on the way. I also have a son from a previous relationship.
I went to California to see my husband in May from the 15th to the 19th of this year. (He is stationed at Camp Pendleton, CA.) When i returned to Florida i learned then that i was layed off form my job. My husband and i decided to move me and the children out to California by July 1, 2009. Do to me having to drop all my savings on a lawer to have permission to move my oldest son out of the state i am now without any finacial cousion.
My lease at my apartment was up the 1st of June, so in order to avoid signing and or breaking a lease i moved all my families stuff into a storage unit and stayed at my parents, where i am currently at. Living i one room with both my boys and a crib set up in the corner for the baby girl on the way.
On June 8, 2009 my husband informed me that he no longer wanted to be married and did not want me or the kids to move out to California. He has recently sent me pre-discloser papers in the mail.
What are my opptions with this matter? I was told to charge him with abandonment... He has never supported me in the past and i am also dealing with the military, trying to get some support from him.
I would appreciate any information that can be provided.

 

[guimont30]

Being in The US military he is obligated to pay you what is called Basic Allowance for Housing 2 (BAH 2) until finalization of divorce, which is a is a percentage of full BAH for his pay grade. For example; if he was an E-5 (Sergeant), BAH 2 would be $784.50 per month. The higher the rank/pay grade the Soldier/Marine/Sailor/Airman is, the higher their amount of BAH they would be authorized. This is regulated under the Uniform Code Of Military Justice (UCMJ) and he can/will be punished by his chain of command in the event does not comply. I would advise you to enter any military installation in your immediate area and look for the (JAG) Judge Advocate General Office/Legal Office, as all branches of service are the same when dealing with the UCMJ. If you are currently enrolled into the Defense Enrollment Eligibility Reporting System (DEERS) and hold a valid DD form 1173 (which is simply just a tan colored military dependents ID card with photo), you would then have access to most military installations in the United States, provided there are no such clearance requirements. Once you stop and speak with the MP at the Entry Control Point (Gate), you could show him/her a valid Driver License, Insurance, State Registration, then ask where JAG or the Legal office is located. Under most circumstances, the MP/security guard at the gate should give you a map and explain where it is located. I hope this helps and good luck.

 

[guimont30]

Advice for divorcing military dependent seeking financial support.

Being in The US military he is obligated to pay you what is called Basic Allowance for Housing 2 (BAH 2) until finalization of divorce, which is a is a percentage of full BAH for his pay grade. For example; if he was an E-5 (Sergeant), BAH 2 would be $784.50 per month. The higher the rank/pay grade the Soldier/Marine/Sailor/Airman is, the higher their amount of BAH would be authorized (which is a fixed amount, voted in by congress and calculated by the rank of the service member). This is regulated under the Uniform Code Of Military Justice (UCMJ) and he can/will be punished by his chain of command in the event does not comply. I would advise you to enter any military installation in your immediate area and look for the (JAG) Judge Advocate General Office/Legal Office, as all branches of service are the same when dealing with the UCMJ. If you are currently enrolled into the Defense Enrollment Eligibility Reporting System (DEERS) and hold a valid DD form 1173 (which is simply just a tan colored military dependents ID card with photo), you would then have access to most military installations in the United States, provided there are no such clearance requirements. Once you stop and speak with the MP at the Entry Control Point (Gate), you could show him/her a valid Driver License, Insurance, State Registration, then ask where JAG or the Legal office is located. Under most circumstances, the MP/security guard at the gate should give you a map and explain where it is located. I hope this helps and good luck.