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Marine Corps Air Station Cherry Point

 

Marine Corps Air Station Cherry Point

Cherry Point, North Carolina
 Family Issues

Domestic Violence
In Domestic Violence cases, one spouse may seek or have gotten a Temporary Restraining Order (TRO) issued by a civilian court against the other spouse. The command may become interested in investigating the underlying allegations of abuse against the active duty member which prompted the TRO.
How would a TRO be served upon the active duty member charged with domestic violence who lives aboard base? Under the Judge Advocate General Manual (JAGMAN), Chapter 6, Law enforcement officials may serve process, both civil and criminal, with the permission of the Commanding Officer.
Through mutual understanding with local law enforcement, all service of process is coordinated through the Joint Law Center. The Joint Law Center does not serve the process upon individuals, but acts as a "meeting place" so that personnel, military and civilian, do not meet at the workplace. The purpose of this requirement is to further good order and discipline.
A Marine who refuses to leave the base quarters in which he/she and their family reside cannot be forced to do so absent a military order to vacate. The military police will not force the member to leave based solely on the TRO. To make the military member leave quarters, a Commanding Officer must order him/her to do so and may in conjunction, issue a Military Protective Order (MPO).
Legal Admin. Manual, (Chapt. 15) outlines support guidelines for Marines living on or off base. In general, Marines living on-base must pay $200 per family member up to 1/3 of their base pay. Marines living off-base must pay family members their entire BAH at the w/Dependents rate or $200 per family member, whichever is greater up to 1/3 of their base pay.

Marital Separations
Legal Assistance Offices provide advice on separations and divorce to eligible clients. Our office will not, however, advise both parties once an attorney-client relationship has been established with one of the parties.
The parties do not need a Separation Agreement to be "legally" separated in North Carolina. To begin the separation period, one of the spouses moves out of the residence with the intent to separate.
If the couple separates while occupying base housing and the spouse remaining in the quarters has no independent right to quarters (he/she is not active duty with custody of the children), the quarters must be vacated within 30 days.

What is a Separation Agreement?
A Separation Agreement is a voluntary, written contract between the spouses which settles such matters as child custody, support, and visitation, asset division, etc.
Neither spouse can be forced to sign a Separation Agreement and no one should sign a Separation Agreement without first consulting an attorney. IMPORTANT
Even with a signed Separation Agreement, the parties are still "married" and are not free to date. Divorce Paperwork
The Legal Assistance Office will prepare Pro-Se Divorces for parties who have a signed Separation Agreement.

Non-Support Claims
Commanders follow (LEGALADMINMAN), Chapter 15, in processing complaints of non-support of a service member's family.
In the ABSENCE of either a marital Separation Agreement detailing the amount of support which will be paid or a court order for support, the Commander should use the guidelines provided in Chapter 15 in determining the amount of support the service member must provide to family members.
These guidelines are meant to be considered along with the particular service member's situation. For example, the Commander may determine that because the service member is paying all of the couple's joint marital debts, he/she should not have to pay the guideline amount in case to the other party.
These guidelines are meant to be considered along with the particular service member's situation. For example, the Commander may determine that because the service member is paying all of the couple's joint marital debts, he/she should not have to pay the guideline amount in case to the other party.
"Mandatory" (or involuntary) allotments from the pay and allowances of active duty Marines to satisfy child support or child and spousal support obligations if the member is delinquent in an amount equal to or more than the sum of two months periodic payments, as required by a support order.
"Legal process" including garnishments, wage assignments, and income deduction orders.

Paternity
Service members served with legal papers alleging paternity should immediately see Legal Assistance for advice.
In North Carolina, the law provides the opportunity for a father to voluntarily acknowledge paternity at the time of the child's birth by signing an Acknowledgment of Parentage form at the hospital if the mother was unmarried when she became pregnant or when the child was born.
To complete the process of legally establishing paternity, the parents should contact the Clerk of Court and may be assisted by the local Child Support Enforcement Agency.
If there are any doubts regarding the paternity of the child or if the mother is currently married to someone other than the alleged father, the Marine should not sign the forms at the hospital. He should seek genetic tests to establish paternity.
An unwed mother may ask the state's Child Support Enforcement Agency to assist in securing paternity determination and court ordered child support from a service member alleged to be the father.

Power of Attorney
What is a POA? Powers of Attorney are legal documents giving a named person authority to act on your behalf concerning your personal affairs.
Two types of Powers of Attorney Special: A Special POA gives you the most protection by strictly limiting what a named agent may do for you.
General: A General POA is a document giving an agent blanket authority to do almost anything and you are liable for the consequences. Service members should be cautious in giving a General POA to someone.

Separation Agreements
What is a Separation Agreement? A Separation Agreement is a voluntary, written contract between the spouses which settles such matters as child custody, support, and visitation, asset division, etc.
Neither spouse can be forced to sign a Separation Agreement and no one should sign a Separation Agreement without first consulting an attorney.

IMPORTANT
Even with a signed Separation Agreement, the parties are still "married" and are not free to date.
Divorce Paperwork
The Legal Assistance Office will prepare Pro-Se Divorces for parties who have a signed Separation Agreement.

Wills
Dying Without a Will Every state has a statute which directs disposition of your estate should you die without a Will. If you are a legal resident of North Carolina and die without a Will, called dying in testate, leaving a surviving spouse and child, they would share in your estate. What's so bad about that? Imagine your spouse trying to sell your house when a three-year-old has part ownership interest in it...imagine your spouse trying to sell your car when that same three-year-old owns part of it...A court would become involved in appointing a guardian to protect the interests of the child and that guardian might think that the sale of the assets is not in the child's best interest. Similar intestacy laws govern in other states.

What does a will do?
A will directs disposition of your assets in the manner best suited for your family.
Every state has a statute which directs disposition of your estate should you die without a will. This may or may not be in accordance with how you wish your assets to be distributed.

Your SGLI
You must actively designate the beneficiary of your Servicemen's Group Life Insurance (SGLI) benefits. This is not covered by your will. Your SGLI can be directed into a trust for minor children which have been designated in your will.

 

Domestic Violence
In Domestic Violence cases, one spouse may seek or have gotten a Temporary Restraining Order (TRO) issued by a civilian court against the other spouse. The command may become interested in investigating the underlying allegations of abuse against the active duty member which prompted the TRO.
How would a TRO be served upon the active duty member charged with domestic violence who lives aboard base? Under the Judge Advocate General Manual (JAGMAN), Chapter 6, Law enforcement officials may serve process, both civil and criminal, with the permission of the Commanding Officer.
Through mutual understanding with local law enforcement, all service of process is coordinated through the Joint Law Center. The Joint Law Center does not serve the process upon individuals, but acts as a "meeting place" so that personnel, military and civilian, do not meet at the workplace. The purpose of this requirement is to further good order and discipline.
A Marine who refuses to leave the base quarters in which he/she and their family reside cannot be forced to do so absent a military order to vacate. The military police will not force the member to leave based solely on the TRO. To make the military member leave quarters, a Commanding Officer must order him/her to do so and may in conjunction, issue a Military Protective Order (MPO).
Legal Admin. Manual, (Chapt. 15) outlines support guidelines for Marines living on or off base. In general, Marines living on-base must pay $200 per family member up to 1/3 of their base pay. Marines living off-base must pay family members their entire BAH at the w/Dependents rate or $200 per family member, whichever is greater up to 1/3 of their base pay.

Marital Separations
Legal Assistance Offices provide advice on separations and divorce to eligible clients. Our office will not, however, advise both parties once an attorney-client relationship has been established with one of the parties.
The parties do not need a Separation Agreement to be "legally" separated in North Carolina. To begin the separation period, one of the spouses moves out of the residence with the intent to separate.
If the couple separates while occupying base housing and the spouse remaining in the quarters has no independent right to quarters (he/she is not active duty with custody of the children), the quarters must be vacated within 30 days.

What is a Separation Agreement?
A Separation Agreement is a voluntary, written contract between the spouses which settles such matters as child custody, support, and visitation, asset division, etc.
Neither spouse can be forced to sign a Separation Agreement and no one should sign a Separation Agreement without first consulting an attorney. IMPORTANT
Even with a signed Separation Agreement, the parties are still "married" and are not free to date. Divorce Paperwork
The Legal Assistance Office will prepare Pro-Se Divorces for parties who have a signed Separation Agreement.

Non-Support Claims
Commanders follow (LEGALADMINMAN), Chapter 15, in processing complaints of non-support of a service member's family.
In the ABSENCE of either a marital Separation Agreement detailing the amount of support which will be paid or a court order for support, the Commander should use the guidelines provided in Chapter 15 in determining the amount of support the service member must provide to family members.
These guidelines are meant to be considered along with the particular service member's situation. For example, the Commander may determine that because the service member is paying all of the couple's joint marital debts, he/she should not have to pay the guideline amount in case to the other party.
These guidelines are meant to be considered along with the particular service member's situation. For example, the Commander may determine that because the service member is paying all of the couple's joint marital debts, he/she should not have to pay the guideline amount in case to the other party.
"Mandatory" (or involuntary) allotments from the pay and allowances of active duty Marines to satisfy child support or child and spousal support obligations if the member is delinquent in an amount equal to or more than the sum of two months periodic payments, as required by a support order.
"Legal process" including garnishments, wage assignments, and income deduction orders.

Paternity
Service members served with legal papers alleging paternity should immediately see Legal Assistance for advice.
In North Carolina, the law provides the opportunity for a father to voluntarily acknowledge paternity at the time of the child's birth by signing an Acknowledgment of Parentage form at the hospital if the mother was unmarried when she became pregnant or when the child was born.
To complete the process of legally establishing paternity, the parents should contact the Clerk of Court and may be assisted by the local Child Support Enforcement Agency.
If there are any doubts regarding the paternity of the child or if the mother is currently married to someone other than the alleged father, the Marine should not sign the forms at the hospital. He should seek genetic tests to establish paternity.
An unwed mother may ask the state's Child Support Enforcement Agency to assist in securing paternity determination and court ordered child support from a service member alleged to be the father.

Power of Attorney
What is a POA? Powers of Attorney are legal documents giving a named person authority to act on your behalf concerning your personal affairs.
Two types of Powers of Attorney Special: A Special POA gives you the most protection by strictly limiting what a named agent may do for you.
General: A General POA is a document giving an agent blanket authority to do almost anything and you are liable for the consequences. Service members should be cautious in giving a General POA to someone.

Separation Agreements
What is a Separation Agreement? A Separation Agreement is a voluntary, written contract between the spouses which settles such matters as child custody, support, and visitation, asset division, etc.
Neither spouse can be forced to sign a Separation Agreement and no one should sign a Separation Agreement without first consulting an attorney.

IMPORTANT
Even with a signed Separation Agreement, the parties are still "married" and are not free to date.
Divorce Paperwork
The Legal Assistance Office will prepare Pro-Se Divorces for parties who have a signed Separation Agreement.

Wills
Dying Without a Will Every state has a statute which directs disposition of your estate should you die without a Will. If you are a legal resident of North Carolina and die without a Will, called dying in testate, leaving a surviving spouse and child, they would share in your estate. What's so bad about that? Imagine your spouse trying to sell your house when a three-year-old has part ownership interest in it...imagine your spouse trying to sell your car when that same three-year-old owns part of it...A court would become involved in appointing a guardian to protect the interests of the child and that guardian might think that the sale of the assets is not in the child's best interest. Similar intestacy laws govern in other states.

What does a will do?
A will directs disposition of your assets in the manner best suited for your family.
Every state has a statute which directs disposition of your estate should you die without a will. This may or may not be in accordance with how you wish your assets to be distributed.

Your SGLI
You must actively designate the beneficiary of your Servicemen's Group Life Insurance (SGLI) benefits. This is not covered by your will. Your SGLI can be directed into a trust for minor children which have been designated in your will.