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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 19221
Experience:  Lawyer and current JAG officer.
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If my wife left me and we are going through a divorce.

Customer Question

Hello. If my wife left me and we are going through a divorce. I have no way of contacting her because she doesent respond. If I move back into the barracks and they take my bah is she entitled to any of my base pay?
Submitted: 1 year ago.
Category: Military Law
Expert:  Allen M., Esq. replied 1 year ago.
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.I have a few questions that will help me better assist you today.What branch of service are you in?
Expert:  Allen M., Esq. replied 1 year ago.
I'm not sure if you saw my question and, if so, why you did not respond. Different branches have different regulations concerning when and how much you owe. If you are Army, you have to pay her a prorated portion of the BAH, even if you aren't receiving it. They just use what your BAH level would be, if you were receiving it, as the measure of how much you'd owe. This is only true if she is not living in government housing. If she is living in government housing, no pay is legally required by the Army. The Air Force is different. Their regulation just says "adequate support." What that actually means is unknown. Commanders basically just have to make sure military spouses are taken care of. Typically, if they are living in government housing, the AF commanders consider that good enough and don't require pay. Some do, particularly if there are a lot of bills that you each entered into. Essentially, this forces AF commanders to be more involved and do a more in depth view. Again, nothing about no longer receiving BAH would invalidate a commander's determination that some payment needs to be made from your base pay. 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.
Expert:  Allen M., Esq. replied 1 year ago.
Hello, I wanted to check in and make sure that there was not any additional information that you required. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.