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jaccorps_esq, Arbitrator
Category: Family Law
Satisfied Customers: 19304
Experience:  Civilian and military practice area
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im still married with an active duty army member, his rank

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im still married with an active duty army member, his rank is E1, we are legally married but not together, no divorce papers at all. he applied to bah with dependents and my two children and myself live in nyc. my question is, are we supposed to receive the entire amount for BAH? he is only giving me half of that and nothing from the BAS.

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.


jaccorps_esq and 2 other Family Law Specialists are ready to help you
Customer: replied 4 years ago.

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.