brashaw
New
Reged: 12/03/07
Posts: 10
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My wife says I have to pay her out of every check I get. SHe has told me the ammount and I have been paying it. I am just wondering if anyone knows how they decide on the ammount, or if they even make you pay if you are not legally seperated. I am not stupid, I have called Jag and I am on a waiting list for a return call. I figured I would try this while I wait. Thanks! Oh I am a E5 in the Navy if this helps. Thanks!
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saamrodi
Platinum
Reged: 06/14/07
Posts: 2891
Loc: here
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I really dont know. I am trying to learn the laws in general myself, but from what I pulled up so far is that basically anything given to the spouse/ex such as portions of pensions, retirement, property, and CS all start with either a final decree, anullment, or legal seperation.
The laws are confusing for me and my head is spinning from reading the military site I was just on, but I would think that you dont have to pay ANYTHING until at least there is a legal seperation signed and submitted. Even then, the orders can change in the final decree, but I cant find anything where you have to pay her anything with no orders of any kind in place.
I think its great that you are paying anyways to try and "stay ahead" just in case you ARE supposed to be paying right now, BUT...if your not obligated to, they may consider all the money you are giving her right now as "gifts" and will not be credited to you when the orders are final. (Unless, it is with check and "spousal support" noted on it....then again...I am guessing)
I know that non-compliance in the military is more harshly punishable than in the civil world, but if there are no orders?... I would think you are not breaking any rules from what I read.
Just my thinking....hope you get some definate advice.
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"A man must not deny his manifest abilities, for that is to evade his obligations." ~W.F.~
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Samsung
Platinum
Reged: 06/14/07
Posts: 2007
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You pay whatever you are court ordered to pay. If no judgement is in place, the payment is $0. At the same time, do you have children? Can your wife keep a roof over their head(s) without your contribution?
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brashaw
New
Reged: 12/03/07
Posts: 10
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OK I thought there was some rule in the Navy saying I had to pay her something since we are seperated. We are not leagally seperated, there is no court order, and we have no children. She has a great job and makes almost as much if not more than I do, the money I have been sending her is paying for her rent.
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Nish
Platinum
Reged: 02/18/07
Posts: 1231
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Brashaw,
I am no expert on military law as it pertains to separation and divorce. Here is a link that might give you some useful information. http://usmilitary.about.com/od/divorce/a/divorcelaws.htm
From what little I have read, it may be to your advantage to somehow get the funds to start at least a legal separation if not divorce.
One of the reasons that is listed on that link is how your military retirement is affected, depending on the amount of time you are married.
You said that there is no legal separation and she is telling you what you must pay. I would question how she came to that $$ amount and I would also be hesitant to pay money that has not been legally spelled out, as it may well be looked upon as a gift.
Information needed is length of marriage. I see that you indicated no children, so no child support.
Based on the number of years you have been married, is part of the formula the court will use when deciding what amount of spousal suppport you may have to pay.
So the longer you stay legally married, with no start of divorce, you are just adding to the formula the court will eventually use if you are ordered to pay any spousal support at all.
I hope the link helps you. I am sorry you are going through this. You also did not mention if you both live in the same state or are now residing in different states, and which state is your state of legal residence.
Good Luck!
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