Posted on May 30, 2024
Who gets the BAH back pay when going through a divorce?
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So my wife and I are going through a divorce, she had called me while on my rotation to Korea saying she wanted to get a divorce. We weren’t married for even a year yet. During that time we never received bah until about 7 months later and I had received back pay just as I was about to get back. My ex wife says she’s entitled to all the back pay since I only got it cause of her and her child (this is a child from her previous partner). Is this true? I’m currently just now able to move into a house on post and would like to use that money to furnish and put food in the house.
Posted in these groups: 
Divorce
Divorce
Posted 28 d ago
Responses: 9
Assuming she goes after it in divorce court, it sounds like the BAH would be treated as community property, and the division would be based on what the court decides (likely 50/50, but the court would decide). The BAH is based on having a dependent, not the number of dependents. Her child is likely immaterial to the distribution.
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COL Randall C.
SPC (Join to see), the only item is add is that it you're moving into on-post housing, you'll be required to vacate it within 30 days once the decree is final.
Until then, it you are unable (or unwilling) to live together, then it will be up to the post commander, in consultation with JAG and the two of you, to determine who is able to live in housing.
Until then, it you are unable (or unwilling) to live together, then it will be up to the post commander, in consultation with JAG and the two of you, to determine who is able to live in housing.
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I believe in the absence of a court order, by DFAS regulation, she is entitled to BAH Diff. I am extremely pissed that it took you 7 months to get BAH. That reeks of poor leadership, customer service, and systemic break down. Starting BAH timely is not a difficult task to accomplish.
Now that you know the regulation, it is up to you to decide what right looks like. Do you have joint debt and bank accounts?
Now that you know the regulation, it is up to you to decide what right looks like. Do you have joint debt and bank accounts?
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COL Randall C.
SPC (Join to see) - MAJ Ken Landgren is correct that it's a comparison between two rates, but it isn't the "with" and "without" dependents for your area, it is the "BAH WITH" dependents rate for your locale and the "BAH RC/T - WITH" rate. The short answer is that she'll likely be entitled to the entire BAH RC/T - WITH rate which, for an E-4 this year, is $1,110.00/month.
The Army expects that you'll provide support to your dependents during marriage and whatever is legally required after a divorce. Additionally, the Army expects that a Soldier will uphold their obligations if they have debts or other financial obligations for which they are responsible.
You likely have only one dependent as the stepchild is not your biological child. Absent a court order (or applicable law in your jurisdiction), supported family members do not include non-biological dependents (i.e., stepchildren) unless they are adopted.
Each military branch has a slightly different approach and the Army's approach is covered in AR 608-99*, which actually has a formula for figuring out how much financial support you are required to provide. Basically each dependents 'share' of support is equal to the "BAH RC/T - WITH"* rate divided by the number of dependents you have. After the "share" is calculated, then each has their eligibility determined based on their situation as covered in the regulation.
To get a legally correct answer, you need to talk to your local legal assistance (which I assume you have done already ... if not, drop everything and make an appointment!). Why? Because if you do not meet the minimum requirements, then you could possibly face putative actions (AR 608-99, para 2-5), so you want to have a legal opinion on what your obligations are. If there isn't a financial agreement stipulated or jointly agreed to, then JAG will walk you through the calculation.
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* AR 608-99 (Family Support, Child Custody, and Parentage) - https://armypubs.army.mil/epubs/DR_pubs/DR_a/ARN30639-AR_608-99-000-WEB-1.pdf
* BAH RC/T 2024 rates - https://www.travel.dod.mil/Portals/119/Documents/BAH/PDF_Non-Locality-BAH-Rates/2024-Non-Locality-BAH-Rates.pdf
The Army expects that you'll provide support to your dependents during marriage and whatever is legally required after a divorce. Additionally, the Army expects that a Soldier will uphold their obligations if they have debts or other financial obligations for which they are responsible.
You likely have only one dependent as the stepchild is not your biological child. Absent a court order (or applicable law in your jurisdiction), supported family members do not include non-biological dependents (i.e., stepchildren) unless they are adopted.
Each military branch has a slightly different approach and the Army's approach is covered in AR 608-99*, which actually has a formula for figuring out how much financial support you are required to provide. Basically each dependents 'share' of support is equal to the "BAH RC/T - WITH"* rate divided by the number of dependents you have. After the "share" is calculated, then each has their eligibility determined based on their situation as covered in the regulation.
To get a legally correct answer, you need to talk to your local legal assistance (which I assume you have done already ... if not, drop everything and make an appointment!). Why? Because if you do not meet the minimum requirements, then you could possibly face putative actions (AR 608-99, para 2-5), so you want to have a legal opinion on what your obligations are. If there isn't a financial agreement stipulated or jointly agreed to, then JAG will walk you through the calculation.
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* AR 608-99 (Family Support, Child Custody, and Parentage) - https://armypubs.army.mil/epubs/DR_pubs/DR_a/ARN30639-AR_608-99-000-WEB-1.pdf
* BAH RC/T 2024 rates - https://www.travel.dod.mil/Portals/119/Documents/BAH/PDF_Non-Locality-BAH-Rates/2024-Non-Locality-BAH-Rates.pdf
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COL Randall C.
MAJ Ken Landgren - As long as the heart is in the right place, the confusion from the head can be allowed for (as long as the info comes out in the end).
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Specialist I can not stress this enough, get a good lawyer. Get a good lawyer, it is so worth it.
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