Legal Question in Military Law in Florida

Dependants and the military

I am currently attempting to re-enlist back into the army. My recruiter told me to not discolse that I have a minor child (of which I have a court order income deduction order) and only list my step daughter and new born daughter. I do not want to get in any trouble later for not listing my child from my previous marriage. Would this be consider ''Fraudelent Enlistment'' if it was dicovered that I have a 3rd child? Please help. I have not sworn in nor have I signed my contract.


Asked on 9/01/07, 12:56 pm

3 Answers from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Dependants and the military

Failure to disclose your child could subject you to sanction later. As the other attorneys have advised, you need a different recruiter. The idea of going toward the end of the month, when a recruiter has an incentive to push for your waiver, is an excellent suggestion.

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Answered on 9/04/07, 9:59 am
Philip D. Cave Military Law & Justice

Re: Dependants and the military

Don is correct. This is Recruiter Malpractice, as well as possibly subjecting you to a fraudulent enlistment charge.

If the child does not live with you, it's possible, as Mr. R., suggests, that you might be able to get a waiver.

Wait until the last week of the month to re-enlist -- that's the time of the month recruiters are most "desparate" to get a "quota."

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Answered on 9/03/07, 10:47 pm
Donald G. Rehkopf, Jr. Brenna, Brenna & Boyce, PLLC

Re: Dependants and the military

Yes - that WOULD be considered "fraud" and subject you to "fraudulent enlistment" charges if later discovered. Do NOT deal with this recruiter any more. If you are serious about re-enlisting, go to a DIFFERENT recruiter and talk about getting a "waiver" for this.

Good luck to you!

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Answered on 9/01/07, 4:14 pm


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