Kirby03
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Reged: 03/20/10
Posts: 18
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We were married the past Sept. and she was deployed mid January. Less than a month later she tells me she wants a divorce and says there's no fixing our marriage out of the blue. The thing is I think she's been planning this, she gave PoA to her mother so she controls ALL of her finances and changed her life insurance recipient from me to I assume her mother only a few days after I saw her off. All I get from her is $169 dollars a month after she takes out half of the wedding loan from the $250 my wife tells me I'm entitled to.
-Is that really all I get? I see none of the BAH at all and I know she gets even more of it for being married plus some kind of separation pay. Am I getting played?
-Is it legal to have the zip code where she draws her BAH where her unit resides, even though she has never even lived there? She said she picked that zip code because she would get more BAH than where we lived which is actually a whole nother state.
-I've been doing some research and some people are saying that I should be receiving the entire BAH? We were married in Minnesota and have lived in Wisconsin for about 6 months before she deployed, (Army Reserve)
Edited by Kirby03 (03/20/10 07:32 PM)
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Miranda
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Loc: North of Mexico
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Redlegg is the resident Army expert, but I know you should be getting more than 169.00. Tell her mother you plan to call her CO and see what happens from there. Can you call her unit in MN or WI?
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13.1...because I am only half crazy!
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Kirby03
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Reged: 03/20/10
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I believe I could call her unit in MN, but first I'd like to add a little more info. We were living in WI when she found out she was being deployed and we both agreed I would move back to MN for a year until she got back so I could be closer to family and friends. She's been paying rent for the WI house the entire time and of course utilities.
She originally said she would be taking care of my financial issues but of course almost right away things changed and I started getting $169. Recently I told her that I'm moving back to WI since the rent of course would be free and I questioned whether she was even supporting me enough.
She said that since I'm moving back to WI and naturally the utilities would be more with someone living there that I should feel lucky that I'm even receiving $169 a month.
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Redlegg
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Sounds like a couple of things going on here. The BAH is up to the unit, generally they use the zip code where the unit is located. It would be possible to provide another zip code with a rental agreement, or house note and base the BAh there, so it sounds like she is doing nothing wrong.
Accordig to the regulation, you are entitled to an amount equal to the BAH. She is paying the rent for the house in WI, how much is it,and what is the difference between that and the BAH. Does she have any other support requirements, children that are not your's? You need the amount of the rent, her BAH, and any other support requirements. Are you a stay at home parent, or no kids, and do you work?
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Kirby03
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Her BAH is a little over $1000 I believe, and the rent is $550 not including utilities. We have no children and I am jobless right now, but that will change once I get settled back in WI.
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Redlegg
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w ww.apd.army.mil/jw2/xmldemo/r608_99/head.asp
w ww.defensetravel.dod.mil/perdiem/bah.html
There is the regulation that covers family support and a BAh calculator that will show you to the penny what the BAH is. Read the pertinent parts of the reg, to see where you fall into, and how much the BAH is. She can just give the entire amount and let you pay all the bills, and that is it. The issue is not if she is supporting you fully, but if she is within the reg. Not a gray area, it is very clear.
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Miranda
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[quote]Her BAH is a little over $1000 I believe, and the rent is $550 not including utilities. We have no children and I am jobless right now, but that will change once I get settled back in WI. [/quote]
Do you live in the house she is paying rent on?
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13.1...because I am only half crazy!
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Kirby03
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Reged: 03/20/10
Posts: 18
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I will be moving back to the house she is paying rent on this coming weekend. I also checked those links Redlegg and if she is E-4 (pretty sure) than she gets $1008 a month w/dependents.
I looked at the other link you gave and I would seem to fall under 2-6 being as there was no financial agreement or court order.
I don't understand what that applicable BAH II-WITH rate would be or what it even means?
Would I have to go to a judge to put this in motion or just talk to someone at her unit?
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Redlegg
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Generally you are entitled to receive the BAH, there are exceptiions, you need to make sure, in the reg, that you do not fall into those exceptions.
Assuming you don't, you are entitled to the entire amount. The first thing you need to do is tell her that she needs to comply with the reg, if she does not, then you will take it higher.
Miranda is basically telling you that she will no longer choose to pay the rent. She will just give you the money. You will pay your own rent, and your own electric, your own water, and whatever else. She gives you the entire amount, she is in compliance.
The applicable BAH rate is the amount she gets based on zip code and rank. That is the entire support requirement, no other pay or allowances are included.
So now you have the regulation, you know where her unit is, and you know whether or not she is in compliance. I guess you are ready to take this on, informed.
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Miranda
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Reged: 06/02/05
Posts: 20822
Loc: North of Mexico
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Right, either she pays the rent or gives him the money to pay the rent, but she really does not have to pay twice.
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13.1...because I am only half crazy!
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