Legal Question in Administrative Law in Indiana

Military Support

A spouse doesn't say anything to a soldier's, who is serving overseas, chain of command about a lack of a portion of the financial support being provided to her for six months. Then upon filing for divorce, decides to sue the soldier for back pay of the support she claims she is due. The soldier claims the spouse and him had an agreement about the amount the spouse was getting. he sent her $395 dollars a month, but the spouse wants another $187 a month for the last six months. The two have NO children and no joint bills. The Army regulation states if the two spouses have an agreement of monies paid the military will not get involved. Under Indiana Law, can a spouse sue for the additional dollars she claims is owed even though it is a federal organization, NOT Indiana, that says it is owed?


Asked on 3/25/04, 7:27 am

1 Answer from Attorneys
C. David DuMond Law Offices of David DuMond

Re: Military Support

If you are still on active duty, I suggest you make an appointment with a JAG officer to discuss the situation. I haven't looked at it lately, but in 1995 I know that the 1940 Soldiers and Sailors Relief Act made it very difficult for a non-service spouse to obtain a non-consensual judgment against an active-duty member of the armed forces. In general a spouse seeking to obtain retroactive support will have a hard time getting a judge to agree. But you need to confer with an attorney who knows more about family law than I do. (I decline family law cases, because I like at least a fighting chance to have a satisfied client.) As I say, start with your JAG officers.

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Answered on 3/25/04, 8:38 am


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