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Thread: Seperated and need advice!

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    #1

    Seperated and need advice!

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    Im not sure if im posting this in the right forum or not so feel free to move if need be!


    I've been seperated from my DH since January 31st. I found out I was pregnant with our first child February 25. DH has said from the beginning of our speration that I am not entitled to anything. He only gives me 200 a month. I know I should have researched this sooner but I've been affraid of pissing him off and putting myself in a situation I dont need to be in. Ive been looking around on the web and found a few sites that say I am entitled to seperation pay. So my question is am I entitled to anything from him? Should he be paying me for than 200 a month? If so how do I go about getting it? If it matters he is stationed at Fort Hood. TIA
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    #2
    Quote Originally Posted by Kristle View Post
    Im not sure if im posting this in the right forum or not so feel free to move if need be!


    I've been seperated from my DH since January 31st. I found out I was pregnant with our first child February 25. DH has said from the beginning of our speration that I am not entitled to anything. He only gives me 200 a month. I know I should have researched this sooner but I've been affraid of pissing him off and putting myself in a situation I dont need to be in. Ive been looking around on the web and found a few sites that say I am entitled to seperation pay. So my question is am I entitled to anything from him? Should he be paying me for than 200 a month? If so how do I go about getting it? If it matters he is stationed at Fort Hood. TIA
    I believe you should receive some of the BAH he receives for being married. You need to talk to a lawyer.



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    #3
    You can only get separation pay if he's stationed overseas and your denied to go.
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    #4
    Quote Originally Posted by Kristle View Post
    Im not sure if im posting this in the right forum or not so feel free to move if need be!


    I've been seperated from my DH since January 31st. I found out I was pregnant with our first child February 25. DH has said from the beginning of our speration that I am not entitled to anything. He only gives me 200 a month. I know I should have researched this sooner but I've been affraid of pissing him off and putting myself in a situation I dont need to be in. Ive been looking around on the web and found a few sites that say I am entitled to seperation pay. So my question is am I entitled to anything from him? Should he be paying me for than 200 a month? If so how do I go about getting it? If it matters he is stationed at Fort Hood. TIA
    Well, the bolded isn't true.

    Are you receiving pre-natal care under his insurance?

    Honestly I'm sure it's hard, but you really, really, REALLY need to see an atttorney.
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    #5
    Quote Originally Posted by Kristle View Post
    Im not sure if im posting this in the right forum or not so feel free to move if need be!


    I've been seperated from my DH since January 31st. I found out I was pregnant with our first child February 25. DH has said from the beginning of our speration that I am not entitled to anything. He only gives me 200 a month. I know I should have researched this sooner but I've been affraid of pissing him off and putting myself in a situation I dont need to be in. Ive been looking around on the web and found a few sites that say I am entitled to seperation pay. So my question is am I entitled to anything from him? Should he be paying me for than 200 a month? If so how do I go about getting it? If it matters he is stationed at Fort Hood. TIA
    Go to a lawyer. He's full of sh**.

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    Ok i have been where you are and if you go to base legal they will tell you what you are entilited to. When me and my DH seperated they told me that just a spouse is entitled to 1/3 of his total pay. if u call base legal they will draw it up and tell you the amount. You can then take that amount to your dh and tell him that this is the amount and he can transfer it to you each pay day or once a month. if he doesnt you can go to his command. Which will make him set up an alloment. I hope this helps. If i can find the paper and the name of it ill uplaod it.
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    #7
    Quote Originally Posted by seabeewife2008 View Post
    Ok i have been where you are and if you go to base legal they will tell you what you are entilited to. When me and my DH seperated they told me that just a spouse is entitled to 1/3 of his total pay. if u call base legal they will draw it up and tell you the amount. You can then take that amount to your dh and tell him that this is the amount and he can transfer it to you each pay day or once a month. if he doesnt you can go to his command. Which will make him set up an alloment. I hope this helps. If i can find the paper and the name of it ill uplaod it.
    Most commands won't if its not court ordered. And the only thing she would be really "entitled" to is the difference between married BAH and single BAH. Which isn't much. Most commands will "request", they won't force, and without a court order, most won't do the allotment nor garnishment.

    And yes, if he's deployed or stationed overseas, separation pay is only 250 or something like that month until he comes back stateside, then his separation pay would be zero.
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    #8
    Quote Originally Posted by seabeewife2008 View Post
    Ok i have been where you are and if you go to base legal they will tell you what you are entilited to. When me and my DH seperated they told me that just a spouse is entitled to 1/3 of his total pay. if u call base legal they will draw it up and tell you the amount. You can then take that amount to your dh and tell him that this is the amount and he can transfer it to you each pay day or once a month. if he doesnt you can go to his command. Which will make him set up an alloment. I hope this helps. If i can find the paper and the name of it ill uplaod it.
    It's maximum of 1/3 total pay, with the guidelines being set by the number of dependents. For a wife with no children, it is I think 1/2 BAH OR $350 per month (whichever is greater) with the amount to not be greater than 1/3 of the members total pay. His command will draw up the paperwork for this, which is called "interim support" and it is good until the divorce is final OR you have a court order for support.

    I don't know if it varies by branch, this is MC info. again, I consulted the paperwork and it is $350 not $300.
    Last edited by honeybun; 08-30-2011 at 03:21 PM.

    BiggyBiggs...the Wifey that makes me go "WoW"
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    #9
    Quote Originally Posted by honeybun View Post
    It's maximum of 1/3 total pay, with the guidelines being set by the number of dependents. For a wife with no children, it is I think 1/2 BAH OR $300 per month (whichever is greater) with the amount to not be greater than 1/3 of the members total pay. His command will draw up the paperwork for this, which is called "interim support" and it is good until the divorce is final OR you have a court order for support.

    I don't know if it varies by branch, this is MC info.
    She is totally right. I remember when my soon to be ex husband was going thru the divorce with his 1st ex wife he was paying her at least $300 a month or he had to let her stay in the base house they had together. He also had to pay for everything with the divorce and also gave her 1 of 2 cars. Per his command at Fort hood.

    But now im getting screwed over because he is reserves and they wont do anything to help me out. He wont file the papers for divorce. I have too. I too seperated from him Jan. 31st.

    I now have my own things and do not depend on him for anything and I have the papers but not the money to file them. Very very soon though.

    But anyways. You should be covered under Tricare for prenatal care and maybe while you are pregnant until your divorce is final and then the child will still have tricare.

    You can always contact legal aid at fort hood. They should be able to tell you something. If not then you can contact command and they should be able to help you out.
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    #10
    Quote Originally Posted by honeybun View Post
    It's maximum of 1/3 total pay, with the guidelines being set by the number of dependents. For a wife with no children, it is I think 1/2 BAH OR $300 per month (whichever is greater) with the amount to not be greater than 1/3 of the members total pay. His command will draw up the paperwork for this, which is called "interim support" and it is good until the divorce is final OR you have a court order for support.

    I don't know if it varies by branch, this is MC info.
    I do not know from any sort of personal experience, but a friend and his wife are separated, and he was only required to pay her 200/month per his command. He is USMC as well...


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