Legal Question in Family Law in California

My husband and I are getting a divorce. He's in the military and his chain of command isn't making him supply food for me and my children. Can I get in trouble for using his credit card too buy food for our home?

Asked on 9/15/13, 11:04 am

3 Answers from Attorneys

Joseph Waters Joseph Patrick Waters, Esq.

The command has to order the service member to provide support for his family if you and he are separated. Whether he is in the Marine Corps or Navy, there is a policy which requires the service member to provide a percentage of his pay to the spouse. His command cannot refuse to obey the directive, although they do have discretion to modify the amount within certain parameters.

Any debts which either spouse incurs after the date of separation (i.e. the date either spouse feels the marriage is over) could be found to be their separate debt (i.e. that spouse will have to pay back the debt.)

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Answered on 9/15/13, 12:08 pm
Phillip D. Wheeler, Esq. Phillip D. Wheeler, Attorney At Law

In the Armed Services, a service member must provide support for his family. Therefore, unless you have both come to the conclusion that the "marriage is over" and not just "separated" then you are both still a couple. Therefore, the credit card is community property and you can use it to buy food for your children. It all comes down to whether there is a simple separation or if the marriage is deemed over.

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Answered on 9/15/13, 3:31 pm
Patrick McCrary Law Office Of Patrick L. McCrary

If you are an authorized user on his account you can use the credit card. I would suggest that you retain an attorney and get an order shortening time in order to get payments started as soon as possible. It is highly probable that he would be required to pay your attorneys fees.

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Answered on 9/16/13, 8:02 am


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