Husband in the Air Force wants a divorce, will he lose housing allowance and family separation pay??

Question

See I have this friend who's husband left when she was 5 months preggo to join the Air Force. Well while he was gone, he met some other girl (I say girl bc she is 18 and he is 25) at Tech School. Now he called his wife from miles and miles away to say he wants a divorce, leaving her at home with a 3 yr old and newborn. I'm sorry but he is a piece of ****. Anyone who would do this to their wife is a dead beat. He joined to make a better life for his family but now its just for him. I seriously think he is bipolar or something, bc days before he wants a divorce he sent his wife 2 Air Force wife shirts and a very very loving card for her birthday?!?! What I really am wanting to figure out for her, is what kind of money he will be bringing in?? She will have to get child support set up for 2 kids and she has no job right now, bc he wanted her to quit to get things ready for their move together...... Any advice on the money situation or any advice that I could give her or tell her??? I'm not military nor do I know anyone but them that are.... I just want to be able to comfort her or something... He is her everything and she has never done anything to him

Answer 1

OK - long summary but I have some info you can share with your friend. It will help her monetarily, but she will need to get a job and find someone to help her with childcare.

First, her dead-beat hubby will get family separation pay regardless of being married or divorced because he has a child. That pay is for him.  The pay your friend will need to pursue is the Married BAH he receives while he is still married and subsequent child support. Tell your friend to make sure his name is on the birth certificate -and from there she can go to child services (not sure what they call it at the court house these days) and file a petition for child support - dating back to the day he "abandoned" the family.

Hope this info helps - her vigilance to stand on her own two feet and get a job is key here - depending on his pay (child support) will not be enough to live on - nor should it be. That amount will be based on his pay-grade.  Also, when the child support paperwork is drafted, stipulate the duration (pay $ until H.S. graduation or age 19, which ever comes first).

ALSO - your friend is eligible for his SBP (Survivor benefit Plan) - a portion of his retirement money (if he stays in for 20 or more years). He can not remove her from that - she is REQUIRED to sign a document to waive her rights to that money - a silly move on her part if she does.

Answer 2

If he is in a foreign country he cannot go through with the divorce. No legal action while he is not on American Soil. If they file for legal separation (which many states require first) she will get the whole BAH and that would continue until the divorce is final. After that she will be entitled to child support based on the financial information that they both submit. I would not recommend pursuing any type of action against him for infidelity since that could get him kicked out and then where would she be?

Since JAG is a military legal source they may or may not help her with any information so if they turn her away don't be surprised. They are bound by oath to represent the service member not the spouse.

You can go to many websites to get the pay charts for his rank and also the housing allowance that he will be authorized based on location and if on US soil the zip code.

He may only be authorized family separation pay if his wife and children were not listed on his orders. If he can bring them and chooses not to he may not receive separation pay.

Good luck to her and to you.  

Answer 3

Actually the military has a rule. If you bring a child into the world, you have to pay child support until the child is 18. So that retarded airman will still have to pay child support no matter what. I think he may still have to pay money to her as well, but Im not sure about that one.

But he will be paying child support for both children. And for whatever kids he has with the new girl.

Answer 4

until they are divorced she still gets an id card...his kids will get one until he gets out of the military...which it wont be long with this kind of start....he will have to pay child support and while he is taking family sep and housing allowance in..the housing money goes to her...thats the entire reason he gets it because he has a family....doesnt matter if its just a wife or a kid..or both...

Answer 5

If he gets a divorce,  he will have to pay child support as ordered by the judge in court. The military will order him to pay child support to any children born in wedlock. Any children born out of wedlock will require a paternity test ordered by the judge (even if he is on the birth certificate and signed the voluntary acknowledgement of paternity). Just a millitary precaution.

As far as paying her, that would be alimony/maintence. That is awarded by the judge during divorce court and the military has nothing to do with it.

After the divorce he will lose FSA. That is only for families who are seperated for more than 30 days while the husband is deployed or training, and are married.

He will also lose his BAH and will have to live in the barracks with the other soldiers, based on his rank. If he is higher up he might still qualify for on base housing.

Unfortunately, the military is not out to benefit any dependents of the soldiers. They only focus on what is best for the soldier.

Answer 6

When separated he will still get the full BAH (Housing allowance) and if deployed or on unaccompanied orders Family Separation.  When the divorce is final it will depend on what Child support is and where he lives.  If he lives in Barracks then he will get BAH-diff (unless child support is less than that amount).  He will not longer qualify for housing unless he has the children or has married again.  If he lives out in town then he will retain BAH w/dependents.  He will not get Family Separation unless he has custody of the children or has married again.  

The children will still be covered by Tricare and United Concordia.  They will also have to get Military ID cards for use of the base.  She will need a letter from the command authorizing her to be allowed on base when she is using it for the children.  She can still use the commissary and exchange/px as long as it is purchases for the children.

if he decides to go for the divorce she needs to start putting money away for herself.  Put herself on a budget, sell things if necessary.

Answer 7

ok... all those answers are great... HOWEVER it's not from the horses mouth. SHE NEEDS TO GO TO THE BASE LEGAL OFFICE TOMORROW AND TALK TO THE BASE LEGAL OFFICE all we can do on this site is say... oh yeah, he's a piece of ***, and oh my, how could he... BLAH, BLAH, BLAH. They will tell her all her legal rights for her and the children... she's even entitled to keep an ID card until the child is grown up (if she has custody) there are too many things to be left to guessing on this site. and depending on how long they were married, she;ll be entitled to part of his retirement (if he makes it that far) it may be a small percentage, but my X was entitled to 12 % and we were only married for 5 years... that could add up 20-25 years down the road. (mine didn't get it cause I had that cheating ho taken to the cleaners.) but there are allot of things she needs to do , and know... and not from this site. GO to the LEGAL OFFICE.