Posted on May 2, 2014
Pay problems related to marriage, BAH, and FSP. Need advice!
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I am currently married and before my deployment my wife left me but I did not have time to start the divorce. At my SRP finance asked if I'm still supporting my wife, I said no so they said if I don't I wont get FSP and my BAH would be as if I'm single. At MOB I was asked about, but was told it was correct. Since Nov. I have not given my wife any money. My wife had a child and after a DNA test found out she is my daughter. I have paid $1400 since Feb. to my wife for the support and care of my daughter. But my wife went to the FRG and complained that I haven't given her any money. Battalion back in the states emailed my commander asking why I am not supporting my wife. I provided the documentation check numbers and also signed papers and text messages as proof my wife has received the money. My DA form 5960, States I am married without dependents and says S/M and spouse are separated S/M does not support spouse. Battalion said I owe back pay to my wife and is estimated at around $2500. So my question is do I get my BAH and FSP changed because I now have to support my wife. I asked finance and they said they could no unless I have a notarized sworn statement from my wife that indicates the date we got back together and the address we live at. But we are not back together and are planning on getting divorced. I have tried to make a legal apt. with legal services here on KAF but can not find there office or get threw to the numbers I have received. My platoon SGT has gone with me twice and asked our battalion how to contact legal but with no success. I need advice and answers because I don't know what to do.
Posted in these groups: 
Marriage
Marriage
Posted >1 y ago
Responses: 3
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The best advise I can give you is to seek out your SJA rep in your BN/BDE to ask these questions to. they will have the legal ansers for you. They will be your best source of information. I would do this ASAP!!
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1SG (Join to see)
SJA= Staff Judge Advocate, they are the legal team generally at your Brigade level
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MAJ (Join to see)
JAG won't touch a lot of marital stuff anymore. With that said - my opinion- you're married until you're not and you're obviously supporting at least one dependent.
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LTC Jason Mackay
Since when? That is a clear legal assistance issue. I am working a pre divorce separation support plan in support of a Joe and his estranged family right now. AR 608-99. You run into issues if the spouse beats the SM to legal and gets the Army to represent them first.
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In addition to CSM Poll's very sound advice, make yourself familiar with AR 608-99. That AR covers your situation and will help you educate yourself.
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From the time you seperate to the time your divorce is final you are required to give your spouse 70% of your BAH. This was told to me by my 1SG and JAG when I went through my divorce.
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SFC (Join to see)
Sir, he should. In order for his BAH to drop from with dependents to without is to provide the divorce decree to Deers. When I divorced it took them 8 months to stop paying me the "with dependents" rate. As far as FSP I have no idea but one would assume that he would still receive it because just because your separated doesn't mean you aren't still married
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SFC (Join to see)
Sir, I stand corrected. It appears that after further review of AR 608-99, 2-6 It is not a standard rate of 70% of your BAH. That was just the caculated rate that I was obligated to pay according to my pay grade when I was seperated.
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