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Thread: Benefits for Dependants of Incarcerated

  1. unspun
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    Benefits for Dependants of Incarcerated

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    Sorry I wasn't sure how to word that.. My husband is looking at military jail time , and nobody seems to be able to answer this question for me, I'm afraid to call Jag myself >.< so I figured I'd try here.

    When an active duty service member gets military jail, what happens with the spouses benefits? Do we (me and the kids) still receive housing and medical/dental? What about his pay? Do we receive any of his pay either?

    Hasn't happened yet, I have no idea what the outcome will be but I am trying to become prepared since I am a stay at home mom and haven't worked for about 4 years now.

    Thanks a lot in advance for any advice given
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    #2
    now i am not 100&#37; sure, but my hubby said that ALL pay would be forfited, BAH, pay, everything...


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  3. Dreams come true... I am living mine
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    I found this online

    DIGEST

    A former member of the Air Force was convicted by court-martial and sentenced to confinement, and as a result, he forfeited all pay and allowances under Article 58b of the Uniform Code of Military Justice (UCMJ) while confined. However, the convening authority waived the forfeiture and remitted the pay and allowances to the member's dependents in accordance with Article 58b(b) of the UCMJ. The Air Force Court of Criminal Appeals reversed the forfeiture because the member committed the offenses of which he was convicted prior to the effective date of Article 58b, and Article 58b did not apply to the member. The member seeks reimbursement of most of the amounts remitted to his dependents. The government has the right to be indemnified to the extent that the amounts paid to the dependents discharged an obligation the member owed to them under court order. The member may not be reimbursed.

    DECISION

    A former member of the United States Air Force appeals the June 20, 2003, Settlement Certificate of the Defense Office of Hearings and Appeals (DOHA) in DOHA Claim No. 03042101that disallowed the member's claim for $8,817.68 in unpaid pay and allowances that the member believes was improperly paid to the member's former spouse.
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    #4
    This web site should give you your answer it just depends on what they are going to do the reasons that they are going to confine him and all that. I hope it helps.

    http://www.defenselink.mil/comptroll...rch/07A03g.pdf
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