Legal Question in Military Law in California

Re: usmc bah over-payment help

You will need to consult with an attorney before you say or do anything. Once the divorce was entered, he probably was not entitled to the extra BAH each month. The command will eventually realize this and either allow him to pay it back or they could charge him with stealing this money and send him to a court-martial. That is why he needs to consult with and have an attorney with him before he makes any statements about this money. If he says he has been receiving money that he is not entitled to, the command will consider that to be an admission of guilt and could use that as evidence against him if they want to punish him. Please be careful and consult with an attorney before either of you say or do anything.

The command would prefer to charge him with a crime rather than accept blame for something they did not do correctly. So be careful and very wary.

I hope this helps. Please feel free to contact me directly if you have any further questions.