Thursday, May 13, 2010

What happens if you marry someone in the military just to get their benefits and it is a fraudulant marriage?

Sorry if you marry someone usually that means you have to get in front of a judge and say ';I do.'; So if you are telling us that you two did that, then there is no fraudulant marriage. If someone made the certificate and it is not filed at the court house, then, yes, it is probably a fraudulant marriage. Sorry defrauding the government is a serious offence and should be punished. Good luck, SSG SchrammWhat happens if you marry someone in the military just to get their benefits and it is a fraudulant marriage?
Don't say that to anyone. Don't look at it that way. If you think you can put up with the person, travel the world. I mean really travel the world. I'm prior military and my husband is has 20 months left in the navy. We met in guam when we both were active duty and then I followed him from guam, to italy, then to japan, than to texas. We got divorced but I ended up remarrying him for the time being for the health benifits and so I have a little extra money to live on while I use my last year of the G.I. Bill. Stick with them, you may possibly end up falling in love. You never know.What happens if you marry someone in the military just to get their benefits and it is a fraudulant marriage?
Marriage is void since it is fraudulent and no benefits will be received.
This happens everyday in the military and in the civilian world. Not much you can do unless the military member admits something and that will never happen. It will always be your word against theirs.
If the benefit that is being looked for is to gain entry into the United States or American citizenship then it would be a legal violation of the law for both of you, in or out of the military, and would be a fraudulent marriage and could be annulled/revoked by a court. If you are both US citizens and the benefits are ';normal spousal benefits'; then it may be wrong and unethical but it is not a violation of law. People get married for many reasons in the military and civilian life-Get away from home/parents being very common in both for the younger people or get out of the barracks for military. During wartime some females, not sexist here just that this was done some in WW2 and Viet Nam and most people going over were male so it was primarily females doing this, have married service people going overseas into combat and then divorced them if they survive and come back before looking for another to marry.
If the military person is aware of the situation and is also using it to benefit from it (using the marriage to get a higher housing allowance or to qualify for seperation pay) they could be convicted of fraud, prosecuted by the military, recieve a dishorable discharge and serve time in a federal prison as well as having to pay back any funds recieved under the fradulant terms. The military coulde prosecute the civilian as an accessory to the fact if the person agreed to the marriage for the purpose of defrauding the military. These would be federal charges and the civilian would also face the possiblity of serving time in a federal jail, facing the long term consequneces of having a federal conviction on their record and could also be responsible for reimbursing the military for any monies received as a result of the fraud. Plus it is just plain unethical, immoral and a huge insult to the military members and families who live the life for all the right reasons. Is the guilt and the very real chance of federal prosecution worth it?
If the marriage is consumated it's legal, but the motive is unethical.
How is it fraud when you marry them?
YES, the Marriage is Fraudulent ...

I'm a Military Retiree, and have seen this happen with those I supervised who were duped into marrying some civilian (after deployments -- where one is especially vulnerable) ... and the only reason this person married the military servicemember is for the servicemember's benefits and salary (because they knew they were gone a lot -- so they were able to keep doing abominable things behind the back of the military servicemember -- including having affairs).

When caught -- unfortunately -- there are a lot of divorce court judges out there who have a complete lack of understanding and ...

I do get VERY UPSET, Angry and am definitely appalled by these predatory civilians who marry, divorce, marry higher up the rank structure, and then divorce again ... all in the name of gaining further portions of the servicemember's salary.

When this can be proven (like they have a track record of multiple marriages where their only concern was benefits and seizure of the servicemember's salary (a %)), then this PROOF can be brought into court -- and used as evidence.

I, personally, as a FEMALE Retired Servicemember, do PROTECT MY EARNED Military Benefits ... and that is why I LIVE ALONE and REFUSE to fall for any of these scams. I did have a short disaster of a marriage (to an abusive, violent sociopath -- from which two disabled children were born) ... and whose ex DID Try to get HIS claws into MY Earned Benefits (I divorced while on Active Duty) .. and ... luckily for me ... I walked into court and (despite the attorney's advice), made sure that the JUDGE (over more than a decade past the divorce of challenges that this ex did) knew that these were MY Benefits and NOT The ex's! As a result -- MY earned Military Retirement is MY OWN ... (and this is also an ex who never provided anything for the children -- who are now independently living adults).

I do stay in contact with my Senators/Representatives to keep this type of situation in mind, and to advocate for changes so that Military Members can be protected from this type of predation! Personally .. I advocate for not only changes in the law, but also to have instituted FEDERAL prison sentences for this type of FRAUD.
Are both individuals in the military? If so, then they can both be charged with larceny, failure to obey an order/regulation, falsifying official documents, and can be kicked out of the military.

If only one person is in the military, the service member can be charged under the UCMJ (federal offence) and the civilian charged under federal statutes.
That happened to a person I know, he was an E-6 then they busted him down to a e-5. and made him wear dungarees and be under house arrest for like 3 months. It probably hurt his chances to ever become a chief. I think his stupid wife told on him after they got into a big fight
From the UCMJ:

A)makes or uses any writing or other paper knowing it to contain false or fraudulent statements;

(B) makes any oath to any fact or to any writing or other paper knowing the oath to be false; or

(C) forges or counterfeits any signature upon any writing or other paper, or uses any such signature knowing it to be forged or counterfeited;

Fraud is fraud...period.
You get arrested, you pay the money back to the government, you get convicted, you get rightfully DD. After you get out of jail, you go work for McDonalds.
I hope the greedy little brat gets throw in prison with a roommate that looks like Jr. Samples from HEE HAW!

(USN, retired)
There is nothing the military can do if both people agree to get married and have a valid marriage certificate. If the military member finds out and annuls the marriage, the benefits stop and they move on with their lives.
If you can prove it, yes. Get an annulment.
Nothing if you stayed married to them and you dont tell anyone?Thats pretty fucke* up though to do that to not only someone but take advantage of the military's benefits like that!

No comments:

Post a Comment