koritora3
journeyman
Reged: 06/15/06
Posts: 69
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My husband has apparently cancelled the auto transfers that we both agreed on. He did not tell me and has refused to respond to any emails or give me a number where he can be reached. Is there any instance where he would have a right to do any of this? How should I proceed? Thanks.
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thisaintBB
enthusiast
Reged: 04/18/06
Posts: 244
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have you filed for divorce?
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koritora3
journeyman
Reged: 06/15/06
Posts: 69
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yes. he has. i was served in october w/ the papers. he is aware that he is required to provide me w/ 1/3 his BAH. he was not happy about it, but begrudgingly did so.
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jil_stevens
Carpal \'Tunnel
Reged: 07/31/06
Posts: 3893
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So you have a temporary support order? If not, then he isn't legally required to provide you with anything. The military sometimes requires it, in which case you would need to take it up with his chain of command. But you also need to file for temporary orders for support if you don't already have them.
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Redlegg
Carpal \'Tunnel
Reged: 10/05/06
Posts: 26804
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If there is no order in place, then he is required to provide at a minimum, the entire BAH. There has been a change that all soldiers will receive BAH and pay for whatever housing they have, on post or off post. If there is a court order, then he has to abide by the court order. The military cannot make him give you the BAH, they can punish him if he doesn't. You should notify his Chain of Command or NCO support channel, and if you get no action, then you should go to the IG. You can also go to JAG and they will also notify the chain of command. Are you in the same location/installation, do you know what his unit, etc. Hope that helps.
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Miranda
Carpal \'Tunnel
Reged: 06/02/05
Posts: 20822
Loc: North of Mexico
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ALL of BAH??? What is the member supposed to live on? And what if he lives on base and gets no BAH? That is not a blanket amount... My husband NEVER forces anyone to pay anything without a court order. 1/3 of BAH is more like it or the difference in single and with dependent rates.
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13.1...because I am only half crazy!
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Redlegg
Carpal \'Tunnel
Reged: 10/05/06
Posts: 26804
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If he lives on post and doesn't get BAH, I would assume he is single and not married, and has no children. He lives on the same thing the single soldiers live on. By regulation, in the Army, a soldier is required to provide the entire BAH in the absence of a court order. This is not something that can be changed by the chain of command, only by the person receiving it or a court order. Now that soldiers in housing receive BAH, they do not have to pay any of it to the spouse/family as long as the family members remain in post housing, as soon as they move out, the soldier is required to make the payment to the spouse. Once there is a court order, then that takes precedence. The member is supposed to live on his base pay, and any other allowances. If he moves into the barracks, then he has no housing costs, if he chooses, he can live off post at his own expense. In the Army you cannot physically make a soldier do an allotment or make him pay in any other way, but you can punish him if he is not meeting the requirements. In fact no one in the Chain of Command (at least in the Army) has the authority to determine what the amount of support is. The three things that govern the amount are the regulation, a spouse if they are willing to take less, and a court order.
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koritora3
journeyman
Reged: 06/15/06
Posts: 69
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A few months ago I was informed by base legal about the 1/3 BAH standard. (if that's changed since then I'm not aware) To simplify the divorce process (for him), I agreed to the voluntary transfers. (I thought that he would adhere to the policy.) As of today, he still will not return emails. I called him at work and was told he had "stepped out". I don't want to be a nuisance, but I had to borrow against a credit card today to keep checks from bouncing. Like I said, if he thinks he has a valid reason, he should've just discussed it with me. That would've been the mature thing to do. (I think he personally savored the ambush aspect of the whole thing. I know he's enjoying this.) He's getting me back for informing the CO about his affair.
And thanks for the responses. I really appreciate it.
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Redlegg
Carpal \'Tunnel
Reged: 10/05/06
Posts: 26804
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For the Army, there is a pro rata formula that applies if the service member is paying more than one dependent for support. What service is he in? If you are just trying to get him to meet the obligation, whatever that may be, you should inform his chain of command, if you get no action from them, go to the base Inspector General, if you still don't get a reply, Send a quick note to your congressman, I am sure you will get a response if you have to do that.
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koritora3
journeyman
Reged: 06/15/06
Posts: 69
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He's USMC. (and thank you for the advice) :)
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