Legal Question in Military Law in California

Re: Rights of the military family

If the husband had made out an allotment to the spouse, that would be untouchable. However, since he has not, they can legitimately stop his pay based on his status as a detainee. Should he be acquitted he might get that pay back, but doubtless if he is convicted he will lose the right to that pay. Since her right to receive the pay is conditioned upon his right to receive the pay (because there is no allotment), there is likely little she can do other than find a job and start supporting her children.

Once her husband is sentenced she should institute divorce proceedings. Although I feel awful for her, this is one of those situations where the unintended consequences of the act of criminality affect a lot more than just the victim and the offender. It is indeed a very sad thing.

She could probably make an appeal to Army Emergency Relief. It may be able to help her with bridge funds to get her through the next few weeks. Beyond that, she could probably contact a local congressman and ask for help from the congressman's office. Sometimes that will get military pay restarted until the conviction processes. But in reality her best bet now is to figure a plan that will allow her to work and raise those children in the absence of her husband.

Re: Rights of the military family

Was he arrested by the military or civilian authorities? If he is being held by or for the military, he is still entitled to receive all pay and benefits, at least until such time as he is deemed to lose his pay by virtue of a court-martial sentence or the end of his enlistment. If he is being held in a civilian jail on civilian charges, the military may have declared him to be AWOL and that is why they stopped his pay. It all depends on his status and for what charges he is being held.

Even if he has lost pay, if he has not been discharged, the family is still entitled to the other benefits of being a military dependant such as medical care, exchange and commissary privileges, etc. They should have an ID card which entitles them to these benefits until he is discharged. Once he is sentenced, he may lose everything if he is discharged. However that apparently has not yet happened and so these benefits should still be available to the family.

If you or they have any further questions, please feel free to contact me and I will try to do what I can to help.