Housing
Housing
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Hello, I have a question I hope someone can answer. My daughter's husband is stationed at Ft. Campbell, KY and she recently came home for the holidays while his unit is on maneuvers. He has since told her he doesn't want to be married. My question is this: if my daughter's name is not on the post housing lease, is she able to go into the house to retrieve her belongings?
Housing
655x: Law
Career Advice
Career Counselor
Posted >1 y ago
Responses: 5
Her best bet would be to contact someone in the FRG and/or the unit to have it set up to where there is a Third Party present while he and she are there when she gets her stuff. I mean, she has a key so I don't see why she can no longer access the residence to retrieve her personal items. But, for safety and legal sakes, I fully recommend a third party be present when she arrives to take her stuff. This way, there can be no He Said/She Said situations nor accusations of theft.
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Your daughter's residence is the house, she has every right to enter her home and stay there if she chooses. If her husband attempts to bar her from entry to her home she can call the MPs.
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Thank you everyone! We're up in NH, so we'll have to wait until he returns from the field before we go down there. The last thing we need is a he said/she said situation. We'll bring the MPs with us and take the safest route possible for her sake. I appreciate all your help, gentlemen.
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MSG (Join to see)
There’s some questionable advice here so I want to add this. That home is technically more hers than his. Housing is for dependents. She has an ID card and go onto post and go into th house without him. Once she is no longer living in the house, he is no longer authorized to have it. Once her belongings are out, I recommend she contact the housing office on post and tell them she is no longer living there. He will have to give up the home.
Also, BAH that he is received is for him to support his dependents. He owes her approximately 70% of that amount (I would verify the exact number with JAG) from now until they are legally divorced. Separation does not exempt him from owing her that money. Once they are legally divorced, he will stop receiving BAH, UNLESS they have children, in which case, he will still owe that amount to the child.
I strongly recommend she talk to JAG, which she is entitled to do, so she gets a clear understanding of her rights during this time. It sounds like she doesn’t fully understand them and the husband may use her ignorance to avoid some of his responsibilities.
Also, BAH that he is received is for him to support his dependents. He owes her approximately 70% of that amount (I would verify the exact number with JAG) from now until they are legally divorced. Separation does not exempt him from owing her that money. Once they are legally divorced, he will stop receiving BAH, UNLESS they have children, in which case, he will still owe that amount to the child.
I strongly recommend she talk to JAG, which she is entitled to do, so she gets a clear understanding of her rights during this time. It sounds like she doesn’t fully understand them and the husband may use her ignorance to avoid some of his responsibilities.
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PFC Nicholas Efstathiou
That is exactly or situation, sir. We don't know what we should do. I will help her contact JAG at Ft. Campbell and we'll move from there.
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CPT Lawrence Cable
MSG (Join to see) - That is not correct. The amount of Child Support and/or Separate Maintenance and Divorce in general is State Issue. The Army minimum support is for Child Support. The real support, if any, will depend on the State of Residence of one, or both of the Parties. Kentucky, as an example since he is at Campbell, is a No Fault state and Separate Maintenance is very rare, other than for short periods. No Spousal support. If there are no children involved, getting the Army/Military to intervene for Separate Maintenance is a chore unless court ordered. From the Regulations "A) A soldier has no obligation to provide financial support to a former spouse except by order of court." So they would take the BAH at Dependent Rate as Support only if 1. If it involves children. 2. There is no Court Order or Agreement between the Spouse.
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MSG (Join to see)
I think you misunderstood what I wrote. I was referring to while they were still married, up until the divorce. I just reread what I wrote to make sure it was clear. CPT Lawrence Cable
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