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The Law Offices of Paul H. Nathan

Q:
My husband in the military stopped paying spousal support. What can I do?

A:

In addition to protecting our country, the military also protects its service members. This has you concerned, as your ex-husband has suddenly stopped paying spousal support. Because of the protection offered by the military, you wonder if you can sue him for not paying.

The military has guidelines regarding the amount of spousal support that is paid to the civilian spouse. Typically, the spouse receives an amount that is equal to his full housing allowance. However, the amount may be adjusted by going to court.

When Your Spouse Doesn’t Honor His Support Obligation

When your spouse stops paying spousal support, he is refusing to hold up his end of the agreement, and fortunately, you can take action:

  • Obtain an interim spousal support order. Civilians are able to obtain interim spousal support orders through the companies or unit commanders. After the order is received, the person in the military can have his wages garnished.
  • Wage garnishment. When a member of the armed forces stops paying spousal support that was properly order by the court, his wages can be garnished. Along with his current pay, he can also receive garnishments on reserve, military retirement, and federal civilian employee pay.
  • Allowances are off-limits. Although wages are fair game for garnishments, some money is untouchable. Housing and food allowances are not taxed, and are also off-limits when it comes to garnishments. However, all active pay can be garnished, including special skills pay.

We Can Help

You may feel as if you are alone in your divorce, and you may feel you have no one to turn to. The Law Offices of Paul H. Nathan want you to know that that is not true. We have helped many women in the San Francisco area get through their complicated and difficult divorces, and we feel we can do the same for you. Contact us today to learn how.