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Thread: question about separated BAH entitlement

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    #1

    question about separated BAH entitlement

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    Hi, I'm helping a friend of mine get through a divorce, trust me, she NEEDS this, he is horrible! They have an infant together, and he is willing to give her full custody. She is currently a stay at home mom, and will be moving back to her hometown, so she will need support from him until she is able to get a job.

    We were looking at the interim support requirements, and found that he is obligated to give her 2/3 of his BAH, 1/3 per family member. She was wondering if this is in addition to child support, or if, by including the baby as a member entitled to this pay, this IS considered child support.


    Please don't say anything about how divorce is bad, she really needs to get out of this marriage, and I will help her in every way I can. He is nasty, and damn near abusive to her and the baby. She really needs this, and any information or experiences will help. Thank you!
    YAT-YAS!

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    #2
    All I know is that the BAH will not include child support(Not 100% sure though) but once there divorce is final and he has no custody of the baby whatsoever, his BAH will stop unless he is an E6 or an officer.
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    I would assume that he is not required to pay child support if he is giving her a portion of his BAH. Child support is something granted by the courts when the divorce is final, so as long as he is giving her what the military suggests he provide, there's nothing more she can do.
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    Thanks ladies, that what we were thinking. She just needs the support to get herself together and back home, after that she doesn't want anything from him whatsoever.

    Also, who does she talk to, to ensure this support is given to her? She says she needs to go to the jag office, but shouldn't an attourney come up with all of the legal documents and get all of this done?
    YAT-YAS!

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    she can go to jag and see what they say, sometimes the command of his unit gets involved if he doesn't want to pay.
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    pretty much she needs to get a civ lawyer
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    #7
    So apparently the separation agreement didn't go as planned, so I'm loaning her the money to get back home, and from there she'll just contact his CO about fulfilling his obligations to her and the baby. And if he doesn't I guess she's going to get at him for BAH fraud since he's keeping the BAH "with dependents" and not providing for them.

    Thank you, gals, for all of your help!
    YAT-YAS!

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    his CO can't make him pay. Only the courts can. And they will only make him pay child support.
    Tell her to get a lawyer
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    #9
    Quote Originally Posted by MacNCheese View Post
    his CO can't make him pay. Only the courts can. And they will only make him pay child support.
    Tell her to get a lawyer
    Quote Originally Posted by muffin View Post
    So apparently the separation agreement didn't go as planned, so I'm loaning her the money to get back home, and from there she'll just contact his CO about fulfilling his obligations to her and the baby. And if he doesn't I guess she's going to get at him for BAH fraud since he's keeping the BAH "with dependents" and not providing for them.

    Thank you, gals, for all of your help!
    yeah, i agree with MAC, the command can't force him. The CO may say "this is a personal/civilian court issue" and leave it at that. They can talk to him, but thats it. She's better off getting the divorce paperwork started. As for BAH fraud, were they renting or on base housing prior to her leaving? If so, and he's still paying rent, i don't see how he can be legally be charged with fraud, if its still going to rent and she left him on her on accord. If he's abusive, then thats great, but he's still got to pay rent as well for three people. And honestly, if its this nasty, I can bet she may never see a penny of the BAH if he's not willing to give it to her on his own terms or set up an allotment. Good luck though.
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    #10
    Quote Originally Posted by muffin View Post
    Hi, I'm helping a friend of mine get through a divorce, trust me, she NEEDS this, he is horrible! They have an infant together, and he is willing to give her full custody. She is currently a stay at home mom, and will be moving back to her hometown, so she will need support from him until she is able to get a job.

    We were looking at the interim support requirements, and found that he is obligated to give her 2/3 of his BAH, 1/3 per family member. She was wondering if this is in addition to child support, or if, by including the baby as a member entitled to this pay, this IS considered child support.


    Please don't say anything about how divorce is bad, she really needs to get out of this marriage, and I will help her in every way I can. He is nasty, and damn near abusive to her and the baby. She really needs this, and any information or experiences will help. Thank you!
    Ok, he does not have to until there is a legal court order give her anything. All branches have it in the regs a basis of amount to support their families but they can not force the military member to give the spouse access to their money nor make them give the spouse money.

    What she needs to do is hope she gets something and since she is moving to her home town ask for some help while she gets on her feet and finds a job any job to help support her child.
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