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View Full Version : Can retired military be prosecuted for a fradulent marriage?


tsascorpio
Oct 14, 2013, 10:19 AM
Military compensates with money for having a spouse and children. If the marriage was a shame and just to receive the extra money would the military go after the military person?

tickle
Oct 14, 2013, 10:26 AM
I doubt it. The marriage was created in the private civilian sector and would have no bearing on a marriage that did not work out.

ScottGem
Oct 14, 2013, 10:28 AM
I disagree. If it can be shown that the marriage was a fraud to get extra money from the government they can certainly prosecute. Whether they will or not depends on how much they were defrauded of and whether restitution is made.

tsascorpio
Oct 14, 2013, 10:32 AM
Thank you both! Yes Scott your answer helped :)

ebaines
Oct 14, 2013, 10:44 AM
I'm curious as to what you mean by "fraudulent marriage." A legal marriage is one that has a marriage certificate - I'm not aware of any other requirements. Are you suggesting that fraud was involved in obtaining the marriage license (for example bigamy was involved, or perhaps the person was under-age)? Or are you suggesting that there is no marriage license and the person lied about his marital status to the military? If the latter - I would have to wonder whether the couple filed joint income tax returns, and if so that means both parties are guilty of tax fraud.

tsascorpio
Oct 14, 2013, 10:53 AM
No there was absolutely no fraud involved obtaining the marriage certificate. Only emails and hear say as to why they got married. Sorry new at this!

ebaines
Oct 14, 2013, 11:12 AM
The government will prosecute marriage fraud when it relates to immigration issues - i.e obtaining a green card for a person under a sham marriage. But I am not aware of similar prosecutions for US citizens - even if the couple never lived together. There have been some famous marriages of convenience - such as Rock Hudson's marriage to Phyllis Gates to avoid exposure as a homosexual. Again, having a marriage license is all that's required to be legal.

tsascorpio
Oct 14, 2013, 11:12 AM
Thank you ebaines, great points. Do you happen to know of a good lawyer in Washington State or is that another question I have to ask this site?

ebaines
Oct 14, 2013, 11:18 AM
Lawyer for what? If you are interested in seeing whether the military will prosecute someone for marriage fraud you can call the JAG office at the military base and ask about it.

tsascorpio
Oct 14, 2013, 11:22 AM
Gosh I'm sorry again, I need to be more clear with my questions! TY

AK lawyer
Oct 14, 2013, 11:36 AM
No there was absolutely no fraud involved obtaining the marriage certificate. Only emails and hear say as to why they got married. Sorry new at this!

The reason why they married is immaterial. The question is whether they were married. If so, there is no fraud involved. Even if it can be proven that the only reason was to qualify for military marital benefits, I don't think there would be a problem.

ScottGem
Oct 14, 2013, 12:08 PM
I still have to disagree. If it can be proven that the only reason a marriage ceremony (a license is not enough) was performed was to get government benefits and further that the couple never lived as husband and wife, then a fraud has occurred.

Whether the govt will elect to prosecute depends on how good a case they can mount.

joypulv
Oct 14, 2013, 02:25 PM
Everyone, please read all of OP's other posts. They lived together. They are both arguing here on this site about money. Her ex or soon to be ex posted first. I think this hope that the marriage could be a sham in the eyes of the military has no chance.

ScottGem
Oct 14, 2013, 02:28 PM
I'm not sure the OP is referring to themselves. But that doesn't mean we shouldn't give a proper answer.

tsascorpio
Oct 14, 2013, 03:20 PM
I'm not sure the OP is referring to themselves. But that doesn't mean we shouldn't give a proper answer.

Thank you ScottGem I agree!

dontknownuthin
Oct 14, 2013, 03:31 PM
I know of a man who married a woman for the sole purpose of increasing duty pay. They shared the additional pay 50/50. When he broke up with his real romantic partner... With whom he had a child during the "marriage", she reported the scam. He was court marshaled, fined and dishonorably discharged. The wife was also charged with fraud.

joypulv
Oct 14, 2013, 04:16 PM
OP is looking for a lawyer around her area. I'm just concerned that she is going to shell out money for a case that has very little chance. She isn't telling us much of anything, possibly because her husband is here watching.
It wouldn't hurt to run it by a lawyer in an initial free consultation. But don't get taken by an unethical lawyer who just wants the fee.

Fr_Chuck
Oct 14, 2013, 04:25 PM
Are they legally married, got a marriage license, filed it. Then they are married, people get married for many reasons, the fact they do not live together does not matter, if they are legally married.

I see nothing that requires them to marry for love. To marry to receive more money is just a reason to get married. Not really a fraud. People marry for tax deductions toward end of the year. Marry so one does not have to testify against the other in court.

tsascorpio
Oct 14, 2013, 04:42 PM
I have a lawyer! Is there a problem with asking questions to see what answers are given?

joypulv
Oct 14, 2013, 05:11 PM
Not at all. But it's all just hypothetical unless you tell us the story

tickle
Oct 14, 2013, 05:24 PM
There is no sense in asking hypothetical questions, not based in fact. The answers here are only based on a one sided situation, yours. Knock yourself out, ask away, but what good is it doing going around in circles here? Anyone here such as Scott and AK are always here to help, but just remember we all volunteer our time here so why not make the answers worth the time and effort they put into it and say exactly what you want to know.

tsascorpio
Oct 14, 2013, 05:52 PM
I have asked the question? Scott and AK answers are very helpful to me and I thanked them. I'm not the one who said it was a hypothetical question, but I do appreciate your answer. Thank you!

dontknownuthin
Oct 15, 2013, 09:34 AM
A fake marriage could pose problems for the service member but as others have pointed out, it could be hard to prove that a marriage is fake. In the case I know of, there were other mitigating factors that resulted in the military going after him - other dumb behaviors that made them want to go after him.

If you're just mad at him because you're in a child custody dispute with him, are the jilted mistress or whatever, you should just leave it alone. You will not get anything out of him getting in trouble with the military and in a custody or child support matter, etc. it won't help you anyway. What is your motivation for exposing his fraudulent behavior?

If you're just irritated that he's scamming the government, all power to you - go for it. I wish more people would report on this type of fraud which really hurts all of us who pay taxes. Just don't think you personally will benefit in any way from reporting him.