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Wife and I are separated e7 with 19 years no kids together…

Customer Question
wife and I are...

wife and I are separated e7 with 19 years no kids together but she has a 11 year old prior marriage. how much bah am i entitled to

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Texas

Lawyer's Assistant: Have you talked to anyone in the chain of command about this?

No

Submitted: 8 months ago.Category: Military Law
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Answered in 3 minutes by:
9/20/2017
Military Lawyer: Allen M., Esq., Lawyer replied 8 months ago
Allen M., Esq.
Category: Military Law
Satisfied Customers: 20,335
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.

I have a few questions, just to clarify what you are asking here.

You are asking if you are entitled to any BAH during the period of separation, correct?

What branch of service is she in? Are you currently living in government housing?

You are just asking about BAH, correct?

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Customer reply replied 8 months ago
just bah until divorce is final
brach shouldn't matter but army
no to government housing
just bah
Military Lawyer: Allen M., Esq., Lawyer replied 8 months ago

Actually the branch does matter, which is why I requested that information. Each branch has their own rules about BAH payment requirements and different amounts, so it is the most important piece of information in giving you an accurate answer.

The Navy sets a percentage of base pay.

The Air Force has no specific amount set at all.

The Army has their own regulation, AR 608-99. You should reference that if you need to approach her commander.

The regulation states that you are to receive a pro rata share of the BAH II-with Dep rate, using the non-locality figure. That figure for an E-7 is $1132.50. You should receive half of that, as there are no other dependents that would cause the share to be split further.

If you have any further questions or other facts that you would like me to consider, 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 three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

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Military Lawyer: Allen M., Esq., Lawyer replied 8 months ago

If she does not pay that to you, you should contact her commander, cite to AR 608-99, state that amount you should receive ($566.25) and ask that an order be issued to force her to pay.

The commander will comply based on the regulation and then, if she refuses to comply with that order, she'll face legal punishment.

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Military Lawyer: Allen M., Esq., Lawyer replied 8 months ago

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. 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.

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