BAH Question, legal seperation from soldier

Question

My husband and I split up recently. I have an appointment to get a legal seperation this week. He is stationed in Germany and I moved back home with our 2 yearold. He said I am only entitled to BAH type 2 which is not the full BAH I am guessing. His full BAH is 880 and he doesnt even give me that much. I am struggling to support our daughter and pay bills. Not to mention I am full term pregnant and cant exactly get a job right now. I can't get any sort of public aid until we are legally seperated and my mother is having to help support my child. He is using being in Germany to never call our daughter or anything of the like. He SAYS he wants to help make decisions in her life but he is ALWAYS out partying and drinking with his new buddies and girlfriend. What rights do I have. What is this about BAH type 2...and is that why he will only give me a little money once a month? Also he SAID he wants me to handle both of our bills until our debt is paid off, but I can't even pay off a little debt with the little bit of money I get once a month from him, our car got repo'd because of this..Help?

Answer 1

My husband is in the Army (5 years) and I have NEVER heard of BAH-2.  But we've never been seperated so I'm not sure.  If he is still getting BAH (obviously because you are still married), I believe YOU are entitled to that considering you have to put a roof over your daughters head.  Also, BESIDES the BAH he should be supporting his daughter.  I'm interesting to see what legal will say... because I have heard that soldiers pay boo-koo bucks in child support.  My neighbor pays his ex like $400 a month for one kid.  I don't have a lot of answers for you, but be persistant, go into that lawyers office WHENEVER you have ?'s.  You are still considered a dependent, and have that right to use the army legal system.  You will get your money, it's just a matter of time.  

Answer 2

I went searching and found the BAH chart showing how much your husband is entitled to, based on his pay grade, and if he is in military housing or not.  This is the first link listed below.

I then found another link to someone asking an expert basically the same question you did, although she had already filed for divorce.  You NEED legal representation, as this isn't going to be easy.  Your husband is entitled to BAH, not you, thus, there are no regulations to send it directly to you, and if he doesn't give it to you you really have no way to get it.  

This said, your husband does have a requirement to fulfill.  Army Regulation 608-99 "FAMILY SUPPORT, CHILD CUSTODY, AND PATERNITY, requires a soldier to provide an amount equal to BAH Type II, at the "With Dependent Rate," at the with dependent rate, unless there is a court order or written agreement providing for a different amount. If the soldier has more than one support obligation, that amount is divided equally among the supported parties. For example, if the BAH Type II with dependent rate for a soldier's rank is $400 per month, and he separates from a wife and child, he must pay $200 per month each, unless there is a court order or written agreement stating otherwise. This is not an "absolute" requirement, however -- the regulation contains provisions which allow the commander to waive requirements in certain cases, such as when the spouse makes more money than the soldier, or the soldier is a victim of abuse, or the family member is in jail."  See third link.

Bear in mind that the military doesn't like to get involved in divorce/support issues.  They want these issues to be handled in a civilian court, the divorce/family support court.  If there is a court order or a written, legal separation agreement, stating a certain amount of support, that's what the military will go by, which is why you need to have a support amount set when you go to court this week for the legal separation. Otherwise, not having a court-ordered amount of support will make things difficult to get any money from him initially, as the Army won't have anything to go by to enforce.  

Please read all three links so you are informed before going to court, and can talk to your legal representation about what you want.

Forget about your blond moment : ) you're going through a lot.  As he doesn't have to provide the money for you to mail him the paperwork, you have to take care of yourself, so as soon as you have your legal separation papers this week, apply for whatever public aid you and your daughter are entitled to so that you can pay your bills.  

From here on out you are on your own, so as far as his bills go, I would have him pay his own.  Ask legal if this can be stated in your separation papers.  Regarding making decisions concerning your daughter's life, I wouldn't let him make any that you will be responsible for.

Take care of you, your daughter, and the baby you're expecting.  You are blessed to have the help of your mother.  Things will get better, little by little.

Best wishes to you, God bless!

Answer 3

no court order, the military can do nothing.    

Answer 4

I'm a married soilder at the moment and soon to be divorced. I'm going through the same thing cept im on the oppsite side i guess you can say. Unfortantly the army only makes a soilder pay the percentage of the the BAH type 2. Like in my case, my BAH is 898 dollars, I have to pay a percentage for my wife and son which comes to a total of 637.80. By military regulations, thats all i have to pay. Once the divorce is final I only have to pay 320.90 unless the state (judge) requires a different amount, in my case 357, for child support....and thats it. As far as his bills that he is requesting you pay...if its not in your name than the h**l with him, let him pay his own bills. I can only wish you the best of luck.

Answer 5

You need to try for child support, because legally you have not right to the BAH. Sorry. The BAH goes to the soldier for having a dependent. You would have to take legal action to get anything from him on that level. The Army wont flat out give you his BAH. However, if he is not taking care of his dependents with the money the Army gives him for that reason, you should contact the unit and or JAG office. Oh yeah, and BAH type 2 is for the soldier as well. The spouse is not entitled to that. Long story, but there are different types of BAHs, but none goes directly to the spouse.

Answer 6

YOu need to file for legal seperation as soon as possible.  Once this is done, the courts will determine child and spousal support based on his income, including the dependent rate BAH he would be entitled to.  Now if he has to live in the dorms since you are no longer living with him, he may only be entitled to less money..it is called differential BAH and is the difference between single rate (which would basically be the amount it would "cost" him to live in the dorms) and dependent rate.  The military can not enforce any support issues if there is no court order.  If he is not paying you anything, have your lawyer contact his command..they should be able to help set up something until you have the court order.  Keep in mind however, that most states will only mandate spousal support for a limited time.  Very few states will order support for indefinite lengths of time once the divorce is final, unless the marriage had lasted for many years and the income level was such that you could not maintain the lifestyle you had lived all that time.    The court will order the bills to be split depending on who's name is on what and the total amount.  He will have to pay his on his own..that is not your issue.  The other thing to remember though is that if he pays support, he will be entitled to visitation.  The courts generally do not order overseas visitation for children so young, but he will be given time to see them once he is stateside.  If he refuses the visits or to take part in parenting, I suggest you keep records of all the requests and refusals..it will assity you down the road.  My suggestion is to find a good civilian lawyer with experience in dealing with military divorces..most base legal offices do not handle divorce issues.

Answer 7

Ok, while youare still married, even if legally separated.

Your husband, must continue to support you and the child.

That means housing, food money, etc.

If you fell he is not giving adquate support, then contact the nearest Jag office at the nearest Military post or base.

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Now once you are divorced.

Your support will only be what the court orders,

Plus BAH Type ll

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Bah type ll , is the difference between Bah/with dependents and BAH / without dependents.

Thats about $200.00 a month.

Answer 8

You need to wait until you go for the separation and a judge makes the Child Support and other monetary decisions. You will then need to contact the military with the paperwork and they will withhold the amount awarded you.