Redlegg
Carpal \'Tunnel
Reged: 10/05/06
Posts: 26678
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I am getting the feeling that maybe the past BAH is being looked at as a bargaining tool, which it may or may not be. I really do not think anyone can make her give him the back pay, only from the time the Chain of Command was notified. I would not swear to it, but I am pretty sure they can only go from when they know. I agree with Miranda 100% percent, confront her with the regulation, and her requirement to pay. If she does not, then there are other steps.
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robo
journeyman
Reged: 04/05/09
Posts: 50
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The JAG said that if I make more money than her I’m out the BAH. JAG called my attorney and gave her CO phone # to him. The JAG said that my attorney should call her CO to verify if I qualify to receive the BAH or not. He also said that her CO may want my pay stub to compare and see. He also said that I’m entitled to receive half of her thrift savings account.
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Redlegg
Carpal \'Tunnel
Reged: 10/05/06
Posts: 26678
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Must be a national guard thing, ask them what regulation they are basing that on???
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Miranda
Carpal \'Tunnel
Reged: 06/02/05
Posts: 20822
Loc: North of Mexico
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[quote]The JAG said that if I make more money than her I’m out the BAH. JAG called my attorney and gave her CO phone # to him. The JAG said that my attorney should call her CO to verify if I qualify to receive the BAH or not. He also said that her CO may want my pay stub to compare and see. [/quote]
I have never heard of that either.
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13.1...because I am only half crazy!
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Redlegg
Carpal \'Tunnel
Reged: 10/05/06
Posts: 26678
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What state???????
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robo
journeyman
Reged: 04/05/09
Posts: 50
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He based it off AR608-99. I have a photo copy of it but I find it very hard to follow. Could he be mistaken on the regulation? If so who else can I turn to for a second opinion?
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Miranda
Carpal \'Tunnel
Reged: 06/02/05
Posts: 20822
Loc: North of Mexico
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AR608-99
Redlegg...do your magic.
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13.1...because I am only half crazy!
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Redlegg
Carpal \'Tunnel
Reged: 10/05/06
Posts: 26678
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This is what they are talking about:
(3) The income of the spouse exceeds the military pay of the soldier. This subparagraph authorizes a battalion
commander to release a soldier from the regulatory requirement (under paras 2–5a(3) and 2–6) to provide financial
support to his or her spouse but not from the requirement to provide financial support to the children from that
marriage. This does not give the battalion commander authority to release a soldier from the requirement to provide
support required by a court order or a written financial support agreement. With regard to the regulatory requirement to
provide financial support for a spouse, a battalion commander may release a soldier from this requirement if both
paragraphs (a) and (b), below, apply.
(a) The monthly income of the supported spouse exceeds the monthly military pay of the soldier.
(b) The soldier is not receiving BAH–WITH solely on the basis of providing financial support to that spouse or
agrees to terminate such BAH–WITH effective upon the date released from the support obligation.
And the way I see it, it does not apply becasue she is receiving BAH soley because you are her spouse, otherwise she would not be getting it. So what it comes down to is that if she gets it, you get it, if you do not get it, no one does. Does she have any children that she is supporting.
Both requirements have to be met, not just the one about your income exceeding hers.
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Redlegg
Carpal \'Tunnel
Reged: 10/05/06
Posts: 26678
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Read through paragraph 2-14
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robo
journeyman
Reged: 04/05/09
Posts: 50
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Nope neither one of us have any children. I’m going to email your statement to my lawyer along with the web link AR608-99 so he can review it. I'm going to follow up with a phone call to him tmw.
Finely I'm hearing something that might get her to move a little faster.
You have been so helpfull.
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