Thanks for the chance to help. I am an attorney with over 12 years military law
This is tough...that is, the Air Force
regulation that applies does not require the Air Force to give a dependent spouse any money. Whats more, they are the only service that does not have a specific support requirement. The other services (Army
/Marine Corps) have rules that require the service member to provide specific support amounts directly based on BAH
But the Air Force regulation requires that either the service member pay the dependent spouse the money they receive for BAH or to stop taking that BAH money.
You can, contact his squadron commander. The squadron command has the power to order him to pay the that BAH money or give up the money. Then, your lawyer can file a motion with the divorce court to order you be paid support as the divorce progresses. That puts him in the position to either take the BAH and pay you, or to not take BAH and still have to pay you.
The instruction that applies is called Air Force Instruction 36-2906.
There is no guarantee the court will order support. This is what you want to talk to your lawyer about. But if the circumstances in your case indicate that support is warranted...that it is the right thing to do, then the court can consider that money he gets from the Air Force when they decide if he should pay support money to you as the divorce proceeds.