Expert: Rod Powers - 1/7/2007

Question
Dear Mr. Powers.
Spc Croxton is providing no support what so ever except for sending the BAH and that is it. -------------------------------------------
The text above is a follow-up to ...

-----Question-----
Mr. Powers,
How long can I receive BAH if; I filed for a divorce in March of 2005 at my husband's request, an E-4 stationed in Germany. He has committed adultery with a German national and fathered an illegitimate child with the woman.

I am wondering how long I am eligible to receive BAH. He is telling me that I can only receive BAH for 18 months prior to filing for divorce. (So if I filed in March of 05 am I eligible to receive BAH until Sept. 07? Is he telling me the truth?

Besides the heartache and worry that I have endured and suffered the last year, I have also been ill. I underwent serious cervical surgery on January the 3rd and was only discharged yesterday. I am pretty much raising our two toddler sons' alone and SPC. Croxton has very little interaction with our children. (It appears that his main goal at this time to be completely rid of me and our children so that he can replace us with his new love interest and their newborn child.)I know that I sound bitter and trust me I am. But I just don't' believe that he should be able to completely disregard his obligations as a father and quite frankly a husband, because as of yet we are not divorced. I am still an Army Dependent!!!! and   I am still entitled to be treated with respect.
The FINAL HEARING for our divorce has been set for JANUARY 10, 2007. I would like to know if there are any actions that I can take to postpone or reset the final divorce hearing, so that I am better able to fully recover so that I can give my full attention to what is going to transpire in the courtroom, and better protect my well-being and interests which is my children and their future.

I have already contacted the IG Sgt. First Class Ramer out of Grafenwohr Germany.
At this point Mr. Power's, I feel utterly alone. It will be a while before I am completely able to go out and look for a job. Is there anything that I can do? Please help me or direct me to someone that might help me find some answers.
He has had relations with and a child by a German national, while we are still leagally married and did so evern before we filed. I have contacted the IG, what else should I do or what else do I need to do?  


-----Answer-----
Hi Cheryl,

First of all, you need to understand that you are not entitled to receive BAH (Basic Allowance for Housing).

As a member of the Military, your husband is required, by regulation to provide "adequate support" to his dependents. While providing such "adequate support," your husband is entitled to be paid BAH at the "with dependent rate."

But, understand that BAH is not (under any regulation) required to be paid directly to you. It's an entitlement your military spouse is entitled to, as long as he is providing "adequate support" to his dependents. It's important that you understand this difference.

You didn't say which branch of service your husband belongs to????? (Each of the services have different regulations as to what constitutes "adequate support," in the absence of a court order.

I'll tell you straight out -- the military does not like to become involved in divorce/support matters. Divorce and support is a civil matter, and the military feels that such should be resolved by family courts. So -- first of all -- the military services consider "adequate support" to be whatever a divorce court or family court orders. If there is a court order or a written, legal separation agreement, stating a certain amount of support, that's what the military will go by.

During initial separation, if there is no court-order for support, or no written agreement, designating the amount of support, then it becomes more difficult. Details can be seen in my article at: http://usmilitary.about.com/od/divfinance/a/divorcesupport.htm.

Keep in mind that Military commanders consider these only temporary guidelines. The actual amount of support -- in the long run -- has to be set by a divorce/family law court.

The military has no control over divorce court hearings and their dates. ZERO, NADA, ZIP. Any delays would be up to the court. It would be smart to have a lawyer to request any such delays -- most especially as the final hearing is three days from now. It would *NOT* be smart to simply not show up.

Again, the Military has no control or influence over such court dates.

Hope this helps!

Rod Powers
http://usmilitary.about.com


Answer
Hi Cheryl,

That's pretty "standard." Unless you have a court-order or a signed agreement stating otherwise, most commanders consider "adequate support" to be the BAH amount.

If you feel this is inadequate your only option is to convince a court to order a greater amount. Again, the military doesn't get involved in this -- only a divorce court can decide if you are entitled to support payments and what a fair amount would be.

Hope this helps!

Rod Powers
http://usmilitary.about.com