Legal Question in Military Law in Texas

paying BAH

I am currently in the Army. I have been separated for almost 2 years. and just had my final divorce hearing. My command is still making me pay BAH to her even though she had an affair and is living with the guy now. I have heard that a Memorandum for record is out stating that if your dependent is having an affair or is living with someone else then you do not have to provide them with your BAH. The memo was suppossedly written at Ft. Hood by a LTG. What is the up to date rules on my situation. Basically she is dragging her feet because she is recieving a free $530.00 per month and doesn't have to a thing to earn it!!


Asked on 11/16/07, 11:43 pm

1 Answer from Attorneys
Philip D. Cave Military Law & Justice

Re: paying BAH

Check with your finance office to make sure of your entitlement.

Generally a person receiving "BAH with" is required to pay a portion to a spouse; that is in connection with general requirement to support "dependents." That will change when your divorce is final.

You may be referring to a process where you can terminate your entitlement to BAH-with under certain circumstances.

Check with Finance.

Read more
Answered on 11/17/07, 7:47 pm


Related Questions & Answers

More Military Law questions and answers in Texas