Legal Question in Military Law in New York

Moving

I am getting seperated from my husband who is currently deployed and out of the country. I was planning on moving in with my sister and bringin my daughter with me. Now he has changed his mind and say I can't go and says that militay law forbids me to move while he is deployed is that true?


Asked on 12/03/08, 2:46 pm

2 Answers from Attorneys
Patrick Tracy Patrick J. Tracy, Esq, P.E.,

Re: Moving

In general, there is no statute that I know of that would prohibit this action. You are not bound by the UCMJ as a civilian. You may forfeit allowances under certain circumstances.

Patrick Tracy

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Answered on 12/03/08, 3:08 pm
Donald G. Rehkopf, Jr. Brenna, Brenna & Boyce, PLLC

Re: Moving

First of all, if you are getting "separated" do you mean a legal separation with a written separation agreement? If so, that Agreement should specify that you are not limited in where you live.

Second, there is no law in NY and there is nothing in military law that requires you to live any place. If you are currently in government housing or are receiving a housing allowance, those may indeed be affected - go to your local JAG "Legal Assistance" office - you are entitled to free legal assistance simply by showing your ID card - and they can figure out the specifics.

Last, even if you move in with your sister, your Husband has a legal obligation to continue to support you and your daughter - which again, COULD be affected by a Separation Agreement. But, State law governs how much and for how long he must support your daughter.

Good luck.

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Answered on 12/03/08, 5:21 pm


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