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brandi03
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can it be finalized while he's deployed?
      #528943 - 05/04/09 11:36 AM

My husband filed for divorce while deployed. He came home and never pursued it any further. Not sure how but he was just called back to be deployed again. Now that he's deployed again can the divorce be finalized while he's gone? I was wanting to get a court order for more spousal support, I'm getting a whopping $627.80 a month when he makes over $3,500 a month. I don't want to get the order and tick him off and then it can be finalized...any help would be greatly appreciated!!!

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elliesmom
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Re: can it be finalized while he's deployed? [Re: brandi03]
      #528946 - 05/04/09 11:49 AM

Not without his consent. I highly doubt he would consent to MORE spousal support. If you could find something that both of you could agree on - he could waive his appearance and you both file a consent decree.

The amount of spousal support you can expect to be given would be based on WHERE you divorced, how long you were married, and any direct investment you made in his career - such as supporting both of you while he went to college or something. Its not necessarily going to be X% of his pay either.

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brandi03
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Re: can it be finalized while he's deployed? [Re: elliesmom]
      #528953 - 05/04/09 12:06 PM

About the spousal support-we are still married and I want to increase the amount now until the divorce...thanks

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Redlegg
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Re: can it be finalized while he's deployed? [Re: brandi03]
      #528977 - 05/04/09 01:35 PM

You are not divorced, you are still married. Are you seperated, legally, and in writing???? What branch????

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brandi03
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Re: can it be finalized while he's deployed? [Re: Redlegg]
      #528989 - 05/04/09 01:48 PM

He's in the Army, E4. As far as I know it's legally seperated since he filed for divorce.

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brandi03
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Re: can it be finalized while he's deployed? [Re: brandi03]
      #529003 - 05/04/09 02:18 PM

Ok, he filed for divorce but we are not legally seperated and nothing is in writing...sorry about the mix up

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Redlegg
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Re: can it be finalized while he's deployed? [Re: brandi03]
      #529016 - 05/04/09 02:33 PM

Were you served with divorce papers and what is the date you were supposed to go to court?

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brandi03
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Re: can it be finalized while he's deployed? [Re: Redlegg]
      #529017 - 05/04/09 02:38 PM

I was served with divorce papers in October-ish of 2008. A court date was set for late Feb/early March but was postponed. There is still no court date set...

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Redlegg
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Re: can it be finalized while he's deployed? [Re: brandi03]
      #529019 - 05/04/09 02:45 PM

Are you working, and does he have any other dependents??

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brandi03
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Re: can it be finalized while he's deployed? [Re: Redlegg]
      #529021 - 05/04/09 02:47 PM

There are no other dependents. I have been looking for work for the last year. It isn't easy to find, I'm disabled and in a wheelchair. I have to live with my dad because I can't afford to live on my own and am barely making it because of the bills I have because of him.

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shortmarriage
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Re: can it be finalized while he's deployed? [Re: brandi03]
      #529023 - 05/04/09 02:51 PM

What kind of bills because of him?

How long have you been married?


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brandi03
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Re: can it be finalized while he's deployed? [Re: shortmarriage]
      #529025 - 05/04/09 02:54 PM

We've been married almost 3 years. Well he made me go 2 months without any income so I had to use credit cards to survive, my bills got behind, so on so on. I've had to pay hundreds of dollars for cell phone bill because he was talking to other women.

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shortmarriage
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Re: can it be finalized while he's deployed? [Re: brandi03]
      #529039 - 05/04/09 03:13 PM

Did you two live together somewhere before you moved in with your Dad?

Why are you stuck paying the phone bill from him talking to other women? Is he taking on any of the marital debt?


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brandi03
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Re: can it be finalized while he's deployed? [Re: shortmarriage]
      #529045 - 05/04/09 03:18 PM

Yes, he was stationed at Fort Hood, TX. I found out he was lying, cheating, verbally abusive, pushed me a couple of times so I left.

We were on the same phone plan when I moved back home. We aren't any longer because of that reason. He is not, he thinks that him paying me $637.80 is to pay the bills.


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Redlegg
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Re: can it be finalized while he's deployed? [Re: brandi03]
      #529054 - 05/04/09 03:39 PM

The way it looks right now is that you are entitled to the entire BAH, which is determined by the zip code he is either stationed at before deployed or where you are living. You are entitled to that by regulation. That is the requirement when there is no court ordered support. I do not see anything stopping you from getting a temporary order of support in the mean time. You would have to look at the SCRA to see if he could have that delayed, but in cases of support, I am not sure. You can either look at his LES or use one of the online calculators by zip code to see what the support level should be.

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brandi03
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Re: can it be finalized while he's deployed? [Re: Redlegg]
      #529059 - 05/04/09 03:46 PM

Thank you very much Redlegg! If anyone else has anything to add it's appreciated, thank you!

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shortmarriage
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Re: can it be finalized while he's deployed? [Re: brandi03]
      #529069 - 05/04/09 04:06 PM

How was the $627.80 you are receiving calculated? Who came up with that number? What kind of document do you have for receiving that?

I'm confused as to where you are in the divorce process.


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Miranda
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Re: can it be finalized while he's deployed? [Re: brandi03]
      #529071 - 05/04/09 04:09 PM

If you are not divorced then you are not receiving alimony. It is likely that you are getting the BAH already.

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Miranda
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Re: can it be finalized while he's deployed? [Re: Redlegg]
      #529075 - 05/04/09 04:12 PM

Okay Redlegg, what if he is not getting BAH? Single solider. E-4 and deployed there may not be and BAH

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brandi03
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Re: can it be finalized while he's deployed? [Re: Miranda]
      #529076 - 05/04/09 04:13 PM

The 637.80 is the BAH difference that the Army told me that's all I was entitled to. We are just waiting for a court date for the divorce, but it probably won't be anytime soon since he was just redeployed.

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Miranda
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Re: can it be finalized while he's deployed? [Re: brandi03]
      #529077 - 05/04/09 04:14 PM

[quote]The 637.80 is the BAH difference that the Army told me that's all I was entitled to. We are just waiting for a court date for the divorce, but it probably won't be anytime soon since he was just redeployed. [/quote]

Okay then that is all you are getting. You are not getting any more than that until you get a court order allowing something-which I don't think you will get.

Are you dealing with Texas?

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brandi03
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Re: can it be finalized while he's deployed? [Re: Miranda]
      #529079 - 05/04/09 04:18 PM

Indiana

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Redlegg
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Re: can it be finalized while he's deployed? [Re: Miranda]
      #529096 - 05/04/09 04:40 PM

He may not be getting BAH, and in that case, he is dumb, but how can he be a single soldier and file for divorce????

The regulation requires he provide support in an amount equal to the BAH with rate. He does not have to be getting it in order to still provide it.


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Redlegg
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Re: can it be finalized while he's deployed? [Re: Redlegg]
      #529098 - 05/04/09 04:41 PM

I know, the Army is stupid, but hey what can you do :):)

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brandi03
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Re: can it be finalized while he's deployed? [Re: Redlegg]
      #529099 - 05/04/09 04:41 PM

He's getting BAH-$950

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Redlegg
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Re: can it be finalized while he's deployed? [Re: brandi03]
      #529115 - 05/04/09 04:53 PM

http://www.army.mil/usapa/epubs/xml_pubs/r608_99/head.xml

Read through this, it tells you what you are entitled to, and what he is required to support you with.


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brandi03
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Re: can it be finalized while he's deployed? [Re: Redlegg]
      #529121 - 05/04/09 05:02 PM

Thank you

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Miranda
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Re: can it be finalized while he's deployed? [Re: Redlegg]
      #529133 - 05/04/09 05:33 PM

Single meaning geographically separated with no dependents on station. Redlegg...come one now you know what I mean. when I was active there were plenty of married people living in the dorms NOT getting BAH because their spouse was somewhere different. If the Army already told her what she is getting (which it did) then that is what she is getting.

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Miranda
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Re: can it be finalized while he's deployed? [Re: brandi03]
      #529134 - 05/04/09 05:34 PM

[quote]The 637.80 is the BAH difference that the Army told me that's all I was entitled to. We are just waiting for a court date for the divorce, but it probably won't be anytime soon since he was just redeployed. [/quote]


Whoooo hooooo heeeelllllooooo...

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Redlegg
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Re: can it be finalized while he's deployed? [Re: Miranda]
      #529139 - 05/04/09 05:54 PM

I got it now, I am used to hearing geo bachelor. Sorry, I was confused, sorry for the confusion.

The Army is not quite telling the truth. BAH-DIFF is for a single member, assigned single type quarters, to help the member pay child support. This is not even close to it. The Army is very stubborn on the BAH support issue. it is not open to interpretation.


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brandi03
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Re: can it be finalized while he's deployed? [Re: Redlegg]
      #529461 - 05/05/09 01:27 PM

I read that the BAH difference was for child support. From what I'm reading this is what I found:
Single-family units. (See app B, para B-4 .)

(1) Family unit not residing in Government family housing. The soldier will provide financial support in an amount equal to the soldier's BAH II-WITH to the family unit.

Is BAH II-WITH the entire BAH amount? Because I'm not finding a set amount for BAH-II-WITH...


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Redlegg
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Re: can it be finalized while he's deployed? [Re: brandi03]
      #529466 - 05/05/09 02:07 PM

It is the entire amount

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brandi03
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Re: can it be finalized while he's deployed? [Re: Redlegg]
      #529468 - 05/05/09 02:13 PM

Thank you very much. It's pretty bad when you have to result to forums to get answers when the Army doesn't want to help you in any way. Thank you once again, it's greatly appreciated!

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Redlegg
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Re: can it be finalized while he's deployed? [Re: brandi03]
      #529470 - 05/05/09 02:16 PM

The highest payment under the BAH differential chart is under 300.00, there is no way you would be authorized 637.?? that amount doesnot exist. Now, that could be the difference between with and without, and they are making up something that sounds like it might fit. You should check out the with rates and the without, and see what the actual difference is. If it is right around there, then you know where they got their inofrmation. It is not the Army that does not want to help you, it may be a couple of people. The Army wants you taken care of as well as possible, and they will assist you once you get to the right person.

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elliesmom
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Re: can it be finalized while he's deployed? [Re: Redlegg]
      #529479 - 05/05/09 03:16 PM

Are you sure you aren't getting the 681.90 amount?

I can't figure how anyone came up with the other number.

But that one would make sense and may be exactly what she is entitled to.....

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Redlegg
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Re: can it be finalized while he's deployed? [Re: elliesmom]
      #529526 - 05/05/09 05:03 PM

If he is getting 950, how could she only be entitled to 681.90???

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Miranda
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Re: can it be finalized while he's deployed? [Re: Redlegg]
      #529527 - 05/05/09 05:06 PM

[quote]If he is getting 950, how could she only be entitled to 681.90??? [/quote]

Ask the Army. I have a feeling she is getting what she is going to get. Online forums don't make the Army give her more money.

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Redlegg
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Re: can it be finalized while he's deployed? [Re: Miranda]
      #529533 - 05/05/09 05:18 PM

No, but the Army will enforce the regulation, wouldn't the Air Force go by their AFI as well?

ETA: What is the right thing in this case???? If he should be using that to support the OP, shouldn't that happen???


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Miranda
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Re: can it be finalized while he's deployed? [Re: Redlegg]
      #529564 - 05/05/09 07:02 PM

The AFI is vague at best, and sans a court order "support dependents" is about all they can enforce. No way a soon to be former spouse would get all of the BAH. What would the member live off of? how is that fair?

I wonder if he is getting BAH for Indiana versus Kileen. that may be the case...

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13.1...because I am only half crazy!

Edited by Miranda (05/05/09 07:04 PM)


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brandi03
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Re: can it be finalized while he's deployed? [Re: Miranda]
      #529883 - 05/06/09 12:26 PM

elliesmom--I'm only getting the $637.80. I'm not sure how they got the amount, they told me from BAH-diff.

Miranda-I'm pretty sure the BAH is for Killeen. He has been in Iraq and is going back. Other than that he's in the barracks.


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Miranda
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Re: can it be finalized while he's deployed? [Re: brandi03]
      #529974 - 05/06/09 04:41 PM

If he is in the barracks then HE DOES NOT GET BAH. Like the scenario I mentioned above. You cannot get what he does not have.

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Redlegg
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Re: can it be finalized while he's deployed? [Re: Miranda]
      #529992 - 05/06/09 05:36 PM

What does his LES say??????

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elliesmom
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Re: can it be finalized while he's deployed? [Re: Redlegg]
      #530395 - 05/07/09 11:45 AM

I came up with the 680 number as the "non residential" BAH for an E-4. I presume if a person is living in the barracks they aren't getting BAH (though they may be getting it and having to allot it back to the privatized housing people).

Though BAH -Diff.... is 196.80. So I am guessing the amount is based on that since it is the 0.80 in change, which is unusual since BAH is only in whole dollars now.

I am kinda with Miranda on this one that clearly someone at the Army has already looked at this, which means she probably is getting exactly what she is supposed to.

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Re: can it be finalized while he's deployed? [Re: elliesmom]
      #530424 - 05/07/09 12:52 PM

From what I understand he is not paying CS so he should ot be getting any BAH DIFF. If someone told a spouse of solider in they Army that they are only authorized BAH DIFF, then they are just making that up, there is no where, where that is an authorization for a spouse.

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Redlegg
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Re: can it be finalized while he's deployed? [Re: Redlegg]
      #530426 - 05/07/09 12:56 PM

Using a zip code for Killeen, it would be 950 with, 713 without.

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Miranda
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Re: can it be finalized while he's deployed? [Re: Redlegg]
      #530628 - 05/07/09 04:54 PM

[quote]Using a zip code for Killeen, it would be 950 with, 713 without. [/quote]

Obviously the Killeen BAH is not the amount the army already quoted.

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Re: can it be finalized while he's deployed? [Re: Miranda]
      #530754 - 05/07/09 09:11 PM

That is true, and as it turns out, it is the amount she quoted, the 950. She says he gets 950.00 DOD says it is 950.00. I have a feeling the "Army" she talked to is misinformed.

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Redlegg
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Re: can it be finalized while he's deployed? [Re: Redlegg]
      #530789 - 05/07/09 10:12 PM

One question that would need to be answered, is does he have any other dependents?????

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brandi03
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Re: can it be finalized while he's deployed? [Re: Redlegg]
      #530958 - 05/08/09 09:09 AM

He has no other dependents. His LES says he's getting $950 a month for BAH

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brandi03
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Re: can it be finalized while he's deployed? [Re: brandi03]
      #530975 - 05/08/09 09:31 AM

I'm reading on many Army websites that I am entitled to the full BAH of $950 a month. I'm wondering if I'm entitled to the BAH back pay since I haven't been getting the full BAH?

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Miranda
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Re: can it be finalized while he's deployed? [Re: brandi03]
      #530993 - 05/08/09 09:45 AM

[quote]I'm reading on many Army websites that I am entitled to the full BAH of $950 a month. I'm wondering if I'm entitled to the BAH back pay since I haven't been getting the full BAH? [/quote]

What many army web sites? Why don't you call whoever told you, you get 637 and ask them? I doubt there woulb be any back pay...in the mean time have you secured a job for yourself?

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13.1...because I am only half crazy!

Edited by Miranda (05/08/09 09:45 AM)


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brandi03
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Re: can it be finalized while he's deployed? [Re: Miranda]
      #530996 - 05/08/09 09:52 AM

I have asked them and all they do is give me the run around. No, I do not have a job. I've been looking for employment for the last year.

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Re: can it be finalized while he's deployed? [Re: brandi03]
      #530999 - 05/08/09 09:59 AM

Forget about the "many" Army web sites, and read the regulation. That is it, there is no other thing that you can have to support your position. he is either in compliance, or he is not. Back pay, it is covered in the regulation as well. The reality is that no one can force him to give you anything, they can only tell him he has to comply with the regulation. They cannot force him to give you money. They can only punish him for not being in compliance. You have the regulation. Who have you talked to, the rear D NCOIC, what person have you physically spoken to????

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Re: can it be finalized while he's deployed? [Re: Redlegg]
      #531001 - 05/08/09 10:01 AM

This BAH you want, it is ordered only because there is no court order. BAH is specifically addressed as not being payable to a former spouse. You need to get a job and start changing things. This will not last forever. If I were in his position. I would have this thing over as soon as possible.

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Miranda
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Re: can it be finalized while he's deployed? [Re: brandi03]
      #531003 - 05/08/09 10:04 AM

[quote]I have asked them and all they do is give me the run around. No, I do not have a job. I've been looking for employment for the last year. [/quote]

Well no one on here can make him pay anything. You need to either a) start taking action to change this or b) deal with it...and get a job. He has paid you for a year now and you are still talking about two months of credit card bills you claim to have when you lived with your parents. Get a grip.

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13.1...because I am only half crazy!

Edited by Miranda (05/08/09 10:09 AM)


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Miranda
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Re: can it be finalized while he's deployed? [Re: brandi03]
      #531006 - 05/08/09 10:08 AM

[quote]I read that the BAH difference was for child support. From what I'm reading this is what I found:
Single-family units. (See app B, para B-4 .)

(1) Family unit not residing in Government family housing. The soldier will provide financial support in an amount equal to the soldier's BAH II-WITH to the family unit.

Is BAH II-WITH the entire BAH amount? Because I'm not finding a set amount for BAH-II-WITH... [/quote]

Isn't the BAH II the 637 the army told you, you were getting?

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brandi03
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Re: can it be finalized while he's deployed? [Re: Miranda]
      #531011 - 05/08/09 10:11 AM

I have spoke to the Family Advocacy guy, who supposedly spoke to his first sgt. I've emailed the general's secretary. He's the one who keeps putting the divorce off. I hate to break it to you, but a) there aren't many jobs out there, b) it's even harder for a wheelchair bound woman to find employment. He hasn't paid me for a year, just since October 2008.

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Re: can it be finalized while he's deployed? [Re: brandi03]
      #531012 - 05/08/09 10:12 AM

Why don't you just call the First Sgt yourself?

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brandi03
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Re: can it be finalized while he's deployed? [Re: Miranda]
      #531015 - 05/08/09 10:16 AM

I don't have any contact information

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Re: can it be finalized while he's deployed? [Re: brandi03]
      #531020 - 05/08/09 10:19 AM

Really? Call the Ft. Hood base operator and ask for a duty phone number for him. Seriously, people are not going to do everything for you.

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brandi03
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Re: can it be finalized while he's deployed? [Re: Miranda]
      #531027 - 05/08/09 10:24 AM

I'm not asking anyone to do everything for me.

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Redlegg
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Re: can it be finalized while he's deployed? [Re: brandi03]
      #531033 - 05/08/09 10:34 AM

What unit is he in???

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brandi03
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Re: can it be finalized while he's deployed? [Re: Redlegg]
      #531041 - 05/08/09 10:39 AM

4ID 1-22

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brandi03
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Re: can it be finalized while he's deployed? [Re: brandi03]
      #531044 - 05/08/09 10:43 AM

I was told by the family advocacy guy and general's secretary that since an allotment was already set up that's all that they can do. If I want something else done I have to get a court order.

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Re: can it be finalized while he's deployed? [Re: brandi03]
      #531047 - 05/08/09 10:45 AM

[quote]I was told by the family advocacy guy and general's secretary that since an allotment was already set up that's all that they can do. If I want something else done I have to get a court order. [/quote]

Well then there's your answer. Get a court order.

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13.1...because I am only half crazy!

Edited by Miranda (05/08/09 10:45 AM)


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Re: can it be finalized while he's deployed? [Re: brandi03]
      #531048 - 05/08/09 10:46 AM

[quote]4ID 1-22 [/quote]

I hope you are not going to get any contact numbers for her. She has the abiility and time to do this herself. It is evident that she wants others to do her leg work for her.

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Re: can it be finalized while he's deployed? [Re: brandi03]
      #531050 - 05/08/09 10:48 AM

I find it amazing taht you can find the time to research "all these army web sites" and contact the general's secretary yet you cannot find the contact info for the First Sgt. Weird...

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brandi03
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Re: can it be finalized while he's deployed? [Re: Miranda]
      #531053 - 05/08/09 10:50 AM

You have no clue who I am. In case you can't read I didn't ask for anyone to give me any contact numbers or anything else for that matter. I asked a couple of questions and got opinions from others, it was their choice to ask me questions. I'm not asking you for help, so why care what anyone else does?

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elliesmom
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Re: can it be finalized while he's deployed? [Re: brandi03]
      #531121 - 05/08/09 12:31 PM

Um, how do you know what his LES says NOW? I assume its possible you had access back when you were together, but one would think he stopped showing it to you at least as of last October?

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brandi03
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Re: can it be finalized while he's deployed? [Re: elliesmom]
      #531564 - 05/09/09 10:23 AM

I still have access to his mypay so I can see what his LES says each month

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elliesmom
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Re: can it be finalized while he's deployed? [Re: brandi03]
      #531575 - 05/09/09 11:16 AM

You do realize that is technically illegal for you to access that? So I wouldn't go marching in letting on that ou do.

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elliesmom
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Re: can it be finalized while he's deployed? [Re: elliesmom]
      #531659 - 05/09/09 05:47 PM

This is the exact statement at the bottom of the mypay page as you access it--

18 U.S.C. 1030 prohibits unauthorized or fraudulent access to government computer systems. If the Social Security Number associated with this action is not your Social Security Number, you are in violation of this law and should exit this system immediately. Completing this action may subject you to a fine of up to $5,000 or double the value of anything obtained via this unauthorized access, plus up to five years imprisonment.

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Re: can it be finalized while he's deployed? [Re: elliesmom]
      #531817 - 05/10/09 05:34 AM

That is harsh, they do not even let spouses use it. I was always under the impression a spouse could use it with permission. That is obviously wrong. Learn something new every day.

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Re: can it be finalized while he's deployed? [Re: Redlegg]
      #531839 - 05/10/09 07:09 AM

I do access it, but I also have PoA so I don't worry about it. And we are not separated so I can't imagine how I would financially gain anything by peeking into mypay.

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Re: can it be finalized while he's deployed? [Re: elliesmom]
      #531848 - 05/10/09 08:08 AM

I am not sure a power of attorney would allow access to a government computer system. It is pretty specific about government computer systems. I do not believe a member can overide the DOD. He can't authorize you access to something he does not own. I know many spouses do it, without POAs. and only on verbal permission, or by the member giving them the p assword. I know I cannot give a POA out to someone to use the commissary or NEX even though I have access to it. Interesting dilemna, I did not realize how strict DOD was on this issue, but they do make it clear, if you are not the SSN holder, you are in violation of the law. I wonder if there is such a thing as POA that allows one to break the law.

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elliesmom
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Re: can it be finalized while he's deployed? [Re: Redlegg]
      #531857 - 05/10/09 08:54 AM

When you read the PoA - its pretty clear that I can (legally) act on his behalf or conduct business as though I AM him. The only exception being that if I sign his name to a legal document I must indicate that it was done under a PoA, not actually signed by him. So I don't think it circumvents the law in giving me access - it allows me to access as him therefore it isn't contrary to the law. If that at all makes sense.

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Re: can it be finalized while he's deployed? [Re: elliesmom]
      #531864 - 05/10/09 09:13 AM

It is definitely in contradiction. You are are not the SSN holder, you are not authorized by the DOD. The statement specifically addresses the SSN issue. It eliminates anyone who is not the member from using it. All the POA's in the world are not going to change what the DOD has explicitly stated are it's access requirements. It is a federal law, their access use cannot be superceded by a POA. Much like a security clearance, they set the access rules. You are right, it does not circumvent the law. The government has limited access to the SSN holder. There are no exceptions listed. I have found nothing anywhere, any policies, and laws that grant exceptions. The exceptions would have to be granted by DOD. The records belong to the government, and they have restricted access. it is very explicit. The criteria and no exceptions. Now I know thousands do it, but there are many situations where a POA does not allow you to act in his stead. I am guessing it is just a CYA type deal. I cannot see where they would actually prosecute someone who has a [censored], I mean, where did they get the [censored] to begin with? I wonder how that would go down, a member tells them someone accessed their information, and then they get asked how did the person get their [censored]??? Are they both in violation??? it is a go nowhere deal, but I really don't think anyone can pick and choose. If anything it is an oversight on the member to allow continued access.

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luann
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Re: can it be finalized while he's deployed? [Re: brandi03]
      #572252 - 08/31/09 04:17 PM

IF you are not legally separated, and there is no order that says he should only pay $627.80, call his commanding officer and tell him that you are not making the bills because he is only sending you a small amount. IF you get no relief there, call the attorney general. I am guessing that he is clamining you as spouce on his pay.

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