My husband and I have been seperated for a year now. He receives $846/mth BAH through the army. We have 2 children together and I receive $500 total per month as child support. Is he legally allowed to keep this money when he is living in the barracks and I am the one with the housing bills? God, he's such a jackass.
2007-03-10 11:16:15 · 19 answers · asked by Liz 2 in Politics & Government ➔ Military
Yall try getting anything done through the New Orleans Court system.... and t a a- hole who called me a gold digger.... I work 45 hours a week while raising a 4 year old ADHD boy and a 5 month old baby...to whom he has never seen. Think before you speak.
2007-03-11 05:17:32 · update #1
If he is in the barracks...he is NOT entitled to BAH...UNLESS it is going to you to support the household (and that means all of it). There are two forms of BAH with or without dependants...either way he should not be living in the barracks if he is receiving so much as a dime. Here is your simple solution...READY? Contact the Base legal office and his Command. Base legal will definantly be interested to hear about your situation and the potential fraud that is being commited by him. And his command will be thrilled to hear that one of their members is financilly neglecting their family mambers. The odds are on your side believe it or not. Now...all you have to do is stop listening to all the BS and do something about it. Good Luck!
2007-03-10 18:05:37 · answer #1 · answered by go gadget53 2 · 0⤊ 3⤋
No you are only entitled to get what the court order says you can get. If it 500 than that's all you get. As far as him doing something illegally do your research before you answer a question. I was in a similar situation with paying child support. When you have to pay child support you get what is called BAH differential. It is a set amount based on rank just like regular BAH. You get paid this whether you live in the dorms or not.
2007-03-10 19:43:42 · answer #2 · answered by KBAMFS 2 · 0⤊ 0⤋
He's still collecting BAH because he's "claimed" geographical bachelor. This means that because of geographic or other hardships he is living apart from his family.
The BAH is a government granted entitlement that allows for the service member to provide for housing for his DEPENDENTS. Even though you two are separated, he still has two children (i.e., dependents) that he is legally responsible for.
The very least he MUST do is pay the rent to make sure those kids have a roof over their heads. Child support allows for other things such as food and clothing.
BAH stands for BASIC ASSISTANCE for HOUSING. If he's getting a housing allowance and is not putting it toward the dependents he's violating military code and you can get him in a HUGE pile of steaming trouble.
Talk to his chain of command or better yet, go to the Relief Society and explain things. They'll straighten his @$$ out for you.
2007-03-10 19:29:08 · answer #3 · answered by Brutally Honest 7 · 1⤊ 2⤋
I'm not 100% sure, but I don't think he's supposed to be receiving it since he's back in the barracks. If he is still allowed to be receiving that money, I believe it should go to you.
No matter what anyone says on this thread, the only advise you should *REALLY* listen to is when you're told you should contact a military lawyer. You can contact a civilian lawyer, but they need the knowledge of the military pay system. The only way you're going to ensure you get what's legally yours is through court, not through Yahoo. If that BAH pay shouldn't be in his paycheck, the courts and his administrative department will have the final determination.
2007-03-10 19:25:26 · answer #4 · answered by Anonymous · 0⤊ 2⤋
When he signs for his BAH there is a part he has to check that says he is supporting his family. If he is not then he is violating regulations. However, if there is a temporary support order in place then the amount that he needs to pay to be considered as providing for his family has already been decided by the court. Unless he is in violation of his child support I am pretty sure that he is covered.
If you are still legally married then you can still ask JAG. I would suggest you get the official answer in a case like this.
2007-03-10 19:23:06 · answer #5 · answered by Pooky Bear the Sensitive 5 · 2⤊ 1⤋
The military sees things black and white. If you are not divorced, you are still married. So he gets BAH-D. When you get divorced, if he pays child support, which it looks like he will, then he will be entitled to BAH-Diff (which is the same as BAH-S plus his support, not to exceed the amount of BAH-D). As long as he is separated, and is paying support per the agreement, there is probably no problem with him in the barracks. So, he gets the BAH-D, he forwards $500 to you, leaving him $346. You are NOT entitled to his BAH. You are entitled to what you two have agreed upon in the absence of a court order. When you are divorced, the laws of your state will likely mandate the amount of support you recieve, and that's all you will get.
2007-03-10 19:33:42 · answer #6 · answered by Mangy Coyote 5 · 4⤊ 1⤋
are you still legally married? if so yes, UNLESS you have filed for legal seperation, then its pretty much all on you.
If he is collecting the BAH, while living in the barracks and not forwarding it to you, he can get into LOTS of trouble, and he will be forced to pay it back. But since he is paying childsupport, if you have not declared that seperately then he can claim that money as part of the BAH payment. So tread carefully.
2007-03-10 19:22:01 · answer #7 · answered by Chrissy 7 · 1⤊ 2⤋
THE ANSWER IS YES. The only way to challenge his keeping of the BAH is to go to jag and speak with a Jag Lawyer.
Have you Spoken with his 1st Sgt. about this or is this the first place you have posed your question.
if the army believes he is in the wrong then they may not pay you back the money but drain it from his paycheck every month until they are repaid. honestly the army will not pay for him to live in two places and they are already paying for barracks living.
mainly if you bring this issue up you will be hurting him but not helping you.
2007-03-10 19:24:21 · answer #8 · answered by billy_bong_horton 3 · 1⤊ 3⤋
If he is technically in the barracks then he is not entitled to the BHA - Basic Housing Allowance. That would need to be corrected immediately. On the other hand, his BHA is an entitlement, it is part of his benefits for being a soldier - if he has an apartment someplace, then the money still belongs to him and the Army will not give it to you. You will have to sue for spousal support if you want to get any more money out of him.
2007-03-10 19:30:30 · answer #9 · answered by jwjkrjstorm 4 · 0⤊ 3⤋
I have had spouses talk to me in hopes that I order my troop/their spouse to pay them full BAH, sometimes it can happen and sometimes not, anyone can tell you their opinion on this matter but the bottom line is you need to take your husband back to court and have a child support order increase that way it most definitely can be enforced by the military and your spouses chain-of-command.
2007-03-10 21:14:45 · answer #10 · answered by MAJJAS 2 · 0⤊ 2⤋