I need some help regarding BAH. According to the BAH housing regulations I am entitled to all the BAH if living in another state. But According to my husbands command there is this thing called type "2" BAH, Where the spouses are seperated. I can not find anything about Type "2" BAH in the Regulations. I also talked to our post housing authority and was told there is no such thing. Also according to the Seperation regulations The spouse must be atleast 50 miles away in order to obtain seperation pay. My current husbands command said that you can only get seperation pay if he goes over seas but that's not what the regulations on it say. And that's not what happened in my previous marriage. My husband got it because he lived at McGregor Range and I lived closer to Ft Bliss. And that's more then 50 miles.
According to Texas state law (divorce law) there is no such thing as a Legal Seperation. Now if that is true why won't my husbands command give me the Full BAH? And if they qualify us as "seperated" then why am I not recieving the Seperation Pay?
The BAH is 891.90 for my husbands Rank and Time. But this type "2" BAH only allows me 681.91 a month. And he receives the rest along with his regular pay. Which is 2418.61 after Taxes are taken out. Explain to me how that is fair, when he is getting free room and Board at the Barracks. I know all about the 3 day cooling off period but he's been there for 5 months. Shouldn't I be recieving the whole BAH if there is no LEGAL seperation in the state of Texas? And shouldn't the Military be making him be responsible for giving me money if I need it? Keep in mind There is a Domestic Violence against him and I am NOW 9 months pregnant. He has sent me enough money to pay my rent. He has three bills totaling 500.00, My bills (because he refused to support me after I pressed charges and had to move back home) are about $1300.
Some one please explain to me how that is Fair? Texas law states that as long as we are married I am entitled to half his Check because it's Marital Income. And the Military or his Chain of command is telling me I am only entitled to part of the BAH and he gets the remainder.
Please some one give me advice on The type "2" BAH and Seperation Regs....
I have all ready looked into all the other laws about divorce and everything.
I have all ready gone to IG and Jag and Legal Assistance. They said they it's a personal matter and they don't get involved in it.
Help!
You need to stop talking to JAG or military legal assistance and talk to your attorney. Everything is changes from state to state. I assume Texas is where you are and here are some of the guide lines.
Texas is a "Community Property" state. Community property is all property that was acquired during the marriage. This property will be divided equally (50-50) by the court if the parties are not able to come to an agreement.
In a decree of divorce or annulment, the court shall order a division of the estate of the parties in a manner that the court deems just and right, having due regard for the rights of each party and any children of the marriage.
(a) in addition to the division of the estate of the parties required by Section 7.001, in a decree of divorce or annulment the court shall order a division of the following real and personal property, wherever situated, in a manner that the court deems just and right, having due regard for the rights of each party and any children of the marriage:
(1) property that was acquired by either spouse while domiciled in another state and that would have been community property if the spouse who acquired the property had been domiciled in this state at the time of the acquisition; or
(2) property that was acquiredfree law advice divorce texas by either spouse in exchange for real or personal property and that would have been community property if the spouse who acquired the property so exchanged had been domiciled in this state at the time of its acquisition.
(b) in a decree of divorce or annulment, the court shall award to a spouse the following real and personal property, wherever situated, as the separate property of the spouse:
(1) property that was acquired by the spouse while domiciled in another state and that would have been the spouse's separate property if the spouse had been domiciled in this state at the time of acquisition; or
(2) property that was acquired by the spouse in exchange for real or personal property and that would have been the spouse's separate property if the spouse had been domiciled in this state at the time of acquisition.
(c) in a decree of divorce or annulment, the court shall confirm the following as the separate property of a spouse if partitioned or exchanged by written agreement of the spouses:
(1) income and earnings from the spouses' property, wages, salaries, and other forms of compensation received on or after January 1 of the year in which the suit for dissolution of marriage was filed; or
(2) income and earnings from the spouses' property, wages, salaries, and other forms of compensation received in another year during which the spouses were married for any part of the year. (Texas Code - Family Code - Chapters: 7.001-7.006)
Pension and Retirement Accounts: In a decree of divorce or annulment, the court shall determine the rights of both spouses in a pension, retirement plan, annuity, individual retirement account, employee stock option plan, stock option, or other form of savings, bonus, profit-sharing, or other employer plan or financial plan of an employee or a participant, regardless of whether the person is self-employed, in the nature of compensation or savings.
Spousal Support: Not all cases involve support from one spouse to the other. The obligation of one spouse to support the other financially for a temporary or permanent basis is decided on a case-by-case basis as agreed to by the parties or at the court's discretion.
In a suit for dissolution of a marriage or in a proceeding for maintenance in a court with personal jurisdiction over both former spouses following the dissolution of their marriage by a court that lacked personal jurisdiction over an absent spouse, the court may order maintenance for either spouse only if:
(1) the spouse from whom maintenance is requested was convicted of or received deferred adjudication for a criminal offense that also constitutes an act of family violence under Title 4 and the offense occurred: (A) within two years before the date on which a suit for dissolution of the marriage is filed; or (B) while the suit is pending; or
(2) the duration of the marriage was 10 years or longer, the spouse seeking maintenance lacks sufficient property, including property distributed to the spouse under this code, to provide for the spouse's minimum reasonable needs, as limited by Section 8.054, and the spouse seeking maintenance: (A) is unable to support himself or herself through appropriate employment because of an incapacitating physical or mental disability; (B) is the custodian of a child who requires substantial care and personal supervision because a physical or mental disability makes it necessary, taking into consideration the needs of the child, that the spouse not be employed outside the home; or (C) clearly lacks earning ability in the labor market adequate to provide support for the spouse's minimum reasonable needs, as limited by Section 8.054.
A court that determin
In order to qualify for Separation pay if you are civilian and he is military is if he is gone free law advice divorce texason orders. If you are choosing to be separated because of your school, your job or martial issues then he will not get FSA. This is a volunteer separation not on military orders. If he is going to school and you can't be together then he would qualify for it. If he was getting Separation Pay it is his pay not yours and he is under no obligation to give you any of it.
He is not obligated to give you the whole amount of BAH at all. He is only required to give you the difference between BAH w/o dependents and BAH w/dependents if you are separated. If he is getting the full BAH then he can send you half of it but he doesn't have to send you all of it. And if he is living in barracks and still get BAH then most likely what is happening is he is being charged for living in barracks. So the difference between the two amounts is what he is paying for his room.
The rest of the money he is receiving is his pay to do with what he wants to do. If he wants to send you some then he can but if he doesn't, then he doesn't have to send you a dime. It is the same thing if he worked at any civilian company.
If you feel you need more spousal support then you need to go to court and file the necessary paperwork to get it. JAG/IG will not get involved in this matter pay wise because it is a civil matter and they do not have the rights to help in domestic or civil matters.
You are confusing several things.
First of all, separation pay, which is $250 a month, is only for times when you and the spouse are separated due to the requirements of the military. Examples would be your husband being deployed or your husband in a special school away from his home base (including basic, AIT, or ALC, formally known as BNCOC). It does NOT apply to separations due to you and him being separated due to marriage problems or getting a divorce. The military has nothing to do with your divorce.
Also, state law doesn't override military law. It doesn't matter what Texas says about your legal status. If you want more from your husband than he is giving you then you need to take him to court so a court order forces him to give you more money. Until you have that court order for alimony or child support you're stuck with what he's giving you. Also, if you put a domestic violence charge against him and he is convicted under the Launtenberg Amendment then he'll get kicked out of the military because of the fact that he can't legally touch a firearm, making him worthless to the military. That would mean he won't have any money to give to you.
His command can't actually force him to give you anything.....he may receive BAH differential if he has a court order for child or spousal support. If he is living in the barracks while married he gets no BAH period end of story. The Army does not do Geo bachelor so he forfeits BAH when he takes barracks. He is not eligible for Family Separation pay because you are not separated due to the Army you are separated by choice. The Army will only garnish if a court order is in effect.....other than that you are SOL because once divorced you get nothing and all he pays is child support if so ordered.
I'm a divorce lawyer in Texas, but your question is more about BAH than about divorce as such, and I do very few military divorces. I don't even know what BAH is. I suggest you invest the time and money to consult an attorney who handles a lot of military divorces in Texas, such as near the base.
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