Thank you for your question today, I look forward to assisting you. I have nearly 20 years of legal experience in various disciplines, including JAG.
BAS is all his, so you aren't supposed to get any of that anyway.
As for how much you are to receive of the BAH, he is supposed to provide you an amount known as the full non-locality BAH rate, whatever that is.
Currently, for an E1, that amount is the exactly amount listed as the non-locality BAH rate for an E-1 this year.
Furthermore, if he wasn't paying you at all, your only recourse would be to speak to his command, which you've already done and they have stated that they are only going to force $649 (which is in line with the non-locality BAH rate for his rank).
So, you are legally receiving what the law requires you to receive.
but why am i suppose to receive non locality BAH rate? if we are still legally married?
Because that's what the regulation on spousal support says you're supposed to receive.
I won't tell you that it is fair. Every branch has a different standard. If he were in the Air Force, you'd get even less. If he were in the Navy, you'd get more.
I'm sorry. I know you want me to tell you that you have a legal right to more, but you don't under Army regulation. That's all you're entitled to until you get a court order requiring more as part of your divorce.
I'm simply respecting you enough to be honest with you.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).