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I have a few questions regarding divorce and BAH
, I…

Hello - I have...

Hello - I have a few questions regarding divorce and BAH

Lawyer's Assistant: Thanks. Can you give me any more details about your issue?

I think the page I'm on is a similar case Married without kids we have already filed our paperwork we are literally waiting on the judge to sign the final documents but this is taking a while he has "voluntarily" given me half of the BAH he has received each month but was doing so only while deployed. As the paperwork has ta***** *****er to be signed by the judge than he thinks is "acceptable" he is now giving me grief about paying this I am trying to find out if this is something that should have been garnished via mypay through his command not personally between the two of us and if he does in fact stop paying it until the divorce decree is final, are there any actions I can take to require this of him We agreed no spousal support from each other, with the exception of this 1/2 BAH as he told me it was mandatory even tho I said we would not seek traditional/ ongoing spouse support

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Customer reply replied 2 years ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Answered in 15 minutes by:
2/1/2016
Allen M., Esq.
Category: Military Law
Satisfied Customers: 19,636
Experience: Lawyer and current JAG officer.
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

Command can't order a garnishment. They can certainly give him an order to pay spousal support, but the command can't issue any sort of garnishment order. For a soldier's pay to garnished, you have to have a court order and turn that into DFAS.

All you can really do, pre-divorce decree, is complain to his command and if he doesn't pay, the command can punish him under the UCMJ.

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If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.

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Customer reply replied 2 years ago
Can I ask follow up questions?
Or can you call for clarity?
Customer reply replied 2 years ago
I'm trying to understand the UCMJ is terms of pre-divorce decree.
I found this document http://www.jag.navy.mil/legal_services/documents/Divorce_Packet-RLSO.pdf

Yes, you may ask follow up questions. I cannot call you right now, as I am about to have family dinner. Anything that you post though will come to me and I'll address it yet this evening.

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As noted in the document you posted, each branch as a regulation concerning payment of spousal support.

However, those aren't automatically accomplished and only a commander can force a solider to abide by them.

When a soldier doesn't, you report them to their commander and that commander issues an order. Violation of that order is a violation of the UCMJ, Article 92.

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Customer reply replied 2 years ago
That's fine. I'll write it all out - you must be on the east coast. Enjoy your dinner and I look forward to your response.Background: He is a Marine Captain, 8-9 years in not counting Naval Academy living off base near Camp Pendleton, just dropped papers to get out of the MC.If the paperwork we have is no spousal support after the divorce is final, I would be "entitled" to half the BAH according to the JAG link. However, that's not a garnishment -- meaning they can't enforce it unless I complain -- just making sure I understand this. If he doesn't do it, who is the command should I call? His Battalion Commander? He is a favorite in his BN so if I were to call someone in the admin shop, I don't think it would ever get resolved.He currently had paid me the last few but doesn't want to continue paying. I want to be civil as possible but I also want to be fair to both of us. If he is supposed to pay this, I am going to enforce it. I also want to make sure that the command knows he has, in good faith, paid the other months so he isn't double charged -- it's only recently he has wanted to pay less or not at all. He will be unwilling to show hardship to lower the rate as he currently makes 50% more than I do.The rate he would pay would be 1/2 BAH WITH DEP correct? He once suggested he wanted to pay half the single rate because then he's losing less to me. After everything we've been through -- I'm sticking to whatever the UCMJ says. If it's WITH DEP that is what he is going to send.I apologize for so many details-- the JAG office won't speak with me over the phone and I live in Berkeley CA which isn't close to CP and Travis AFB is a trek to get to. I want to ensure I have all of the facts in order before I write back to his recent email and/or to his BNCo.

Yes, you are correct that the spousal support is not a garnishment. He can certainly set up an allotment, but a garnishment can only come from a court order. If you complain to the Battalion commander and he does nothing, contact the Brigade commander. At some level, a commander is going to wonder why the lower level commander isn't doing his job.

You are correct in what the regulation says, so stick with that.

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Customer reply replied 2 years ago
Thank you. I appreciate you confirming as my civilian lawyer isn't familiar with military law/jurisdiction.So 1/2 BAH WITH DEP, speak to the BNCo. I hope you have a good night.
Customer reply replied 2 years ago
If I have a follow up question, I would like to write back to you directly as you have the background.

You can always request me specifically, putting my name in the title. If I'm unavailable though, other attorneys here can respond and look at your history to catch up.

Take care.

Allen M., Esq.
Category: Military Law
Satisfied Customers: 19,636
Experience: Lawyer and current JAG officer.
Verified
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