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Old 11-28-2011, 08:12 AM
 
163 posts, read 661,563 times
Reputation: 85

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Just trying to figure out what I can/should do at this point as my ex-wife keeps calling my command on issues that are spelled out and how to go about different things in the Divorce Decree, I don't see how my command can get onto me for item that are civil. I use to tell her if she had an issue take me to court. My command keeps telling me what to do in these matters in which I never listen b/c how can they tell me what to do when I have a court order telling me what to do.

Can I get a restraining order against her? We do have 3 children together which child support does come out of my check so nothing could bite me in the butt or anything.

I am in the state of TX, any help would be greatly appreciated.

Last edited by Poncho_NM; 11-28-2011 at 10:55 AM.. Reason: Fixed format. Looks like your using a word processor.
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Old 11-28-2011, 10:45 AM
 
Location: Texas
14,076 posts, read 20,159,671 times
Reputation: 7800
Since joining the Armed Forces, you are no longer a free citizen of a free country. You VOLUNTARILY put yourself in a position where your commanders CAN tell you what to do and you MUST follow their orders and directives. That's part of the contract you made with them.

Do what they tell you.
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Old 11-28-2011, 11:47 AM
 
Location: Sierra Vista, AZ
17,541 posts, read 24,241,431 times
Reputation: 9973
Have you spoken to JAG?
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Old 11-28-2011, 11:52 AM
 
Location: Texas
14,076 posts, read 20,159,671 times
Reputation: 7800
I'd be curious to know just what the OP's commanders are telling him to do which he
objects to.
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Old 11-28-2011, 12:30 PM
 
Location: New Mexico U.S.A.
26,530 posts, read 50,639,620 times
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Issues like this almost always have at least two sides. Usually only one side is presented in the forums, and then not always complete...

Depending on the situation:
1. I might talk to the Platoon Sergeant, First Sergeant etc.

2. I might talk to the Commander.

3. I might go to JAG.

4. I might have to hire a divorce lawyer to get the situation settled.

Rich
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Old 11-28-2011, 12:39 PM
 
12,615 posts, read 13,153,134 times
Reputation: 10760
Quote:
Originally Posted by stillkit View Post
Since joining the Armed Forces, you are no longer a free citizen of a free country. You VOLUNTARILY put yourself in a position where your commanders CAN tell you what to do and you MUST follow their orders and directives. That's part of the contract you made with them.

Do what they tell you.
I'm sorry, but this isn't true at all. The chain of command, a.k.a a 25-year-old with a liberal arts degree in some cases, does not have the authority to dictate to you what you need to do in a civil divorce case. Of course you have to follow lawful orders, but you need to be smart about it too. If you have someone in your chain of command who thinks they know the law better than the judge who is presiding in your case, you need to go to JAG. Get clarification, and then encourage JAG to educate your chain of command. Of course, exercise tact. Be professional.
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Old 11-28-2011, 02:26 PM
 
163 posts, read 661,563 times
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My current chain has kinda stayed out of it, they actually been trying to help me but just b/c I am in the military they cannot make me go against a court order, etc.
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Old 11-28-2011, 04:56 PM
 
45,532 posts, read 25,924,426 times
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Quote:
Originally Posted by bls8195 View Post
My current chain has kinda stayed out of it, they actually been trying to help me but just b/c I am in the military they cannot make me go against a court order, etc.
You need to lay it out here.....do not BS us....your talking to a LOT of years of military....that have put up with types like you many times....

She can AND has talked to your CoC..It's already military....did you not figure that out? I was once a 1SG, for a few days, and all I could say was Ma'am I cannot do what you want....I can inform him that you called, but I cannot force him to call you!

You tell us the full story, or go to JAG......nothing we say or do will convince you....

Even if you tell us the full story, the only thing you can really do is go to JAG...
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Old 11-28-2011, 06:01 PM
 
Location: San Antonio
3,536 posts, read 12,095,053 times
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The Chain of Command still has limits in what orders are lawful orders and unlawful orders. They don't have total authority over every aspect of your life. They can't order him to pay more child support than the court did, or order him to give the kids to the ex more than the divorce decree dictates, ect. Those would not be lawful orders. Not everything falls into the realm of authority. They can't order you to sell your car if you are making payments, dye your hair blond, shower only at night, shop at a certain grocery store, vote for a certain candidate... ect. I know these are ridiculous examples, but I'm using them to illustrate that they don't control everything.
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Old 11-28-2011, 06:53 PM
 
Location: Richmond, VA
4,889 posts, read 6,133,204 times
Reputation: 6940
Quote:
Originally Posted by bls8195
My command keeps telling me what to do in these matters in which I never listen b/c how can they tell me what to do when I hav ea court order telling me what to do.
Quote:
Originally Posted by bls8195
My current chain has kinda stayed out of it, they actually been trying to help me but just b/c I am in the military they cannot make me go against a court order, etc.
Which is it?
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