Posted on Nov 3, 2016
Divorced, moving to the barracks, have visitation rights. How did you deal with this situation?
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Posted 9 y ago
Responses: 5
Things could get ugly, be aware of the following-
http://nebula.wsimg.com/ba47b4b56669547ff7157a098010544b?AccessKeyId=F5402183C527D30C97CE&disposition=0&alloworigin=1
http://nebula.wsimg.com/ba47b4b56669547ff7157a098010544b?AccessKeyId=F5402183C527D30C97CE&disposition=0&alloworigin=1
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MSgt Lisa Silva
So many of our honorable service members falsely accused and convicted. Thanks for sharing Maj Martin, it's a damn shame what you had to go through, I hope you get True JUSTICE in your case!
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Quick facts: Divorced, Split custody, stationed in Germany, ex-spouse local national, ex and son live in the same area, housing denied ETP for housing, moving out of house and there is no available storage. Honestly it's not looking so bright right now. I won all of the furniture in the house and I have 8 years worth of stuff that is in there. I have a week and a half to move out and there is my major problem. No storage available. Local storage is possible but I am having a hell of a time finding any. Second is housing denied my ETP to keep my house in order to keep my visitation rights. My divorce decree states that I have split custody but does not specifically say 180 consecutive days. Housing said it needs to say that but my lawyer said they do not put that in there. No clue why besides him just saying that. So my only option right now is to pay for a hotel room off post here in Germany every other weekend. This is gonna get expensive as I will be paying in Euro and not Dollars. So every other weekend I have my son plus the one day a week I get to visit him also, I have him on holidays since my ex works a security job. So it seems as if the future is looking gloomy right now because of the child support and costs of renting hotels to see my son. Not looking for sympathy but just wanting to see if anyone can shed some light on what I can go about doing to help ease the situation.
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SPC Erich Guenther
OK, I realize I am an old guy thats been out of the Army for decades but have been online for a while and have read other Soldier posts. I ran into another Soldier that was online but stationed at Ft Eustis about 4 years ago and he was able to retain his off post housing allowance because of the visitation rights deal (same rank as you). Did you ask your Chain of Command about this and lay it out as a financial hardship to yourself? Ask your Chain of Command how exactly they expect you to rent a hotel all the time or have the kid in the barracks? I think if you make a case your 1SG should support you.
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SSG (Join to see)
Yea I made them aware that it would cause hardship on me but Housing are the ones who denied it. My CoC knows too so they said there was nothing we could do
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SPC Erich Guenther
SSG (Join to see) - OK I think I understand better now that I read your first post again, Housing is rejecting it because in the divorce decree it does not state 180 days visitation rights? If that is the problem, there has to be a way around that via your lawyer (probably the way the Army Housing wants you to go). Why can't your lawyer negotiate adding the clause? (that's his job). Did you explain to your lawyer the repercussions to you? You know seriously, this is one of these issues you need to push back on either via your Lawyer or informing your CoC your going higher up the chain. Up to you though. I would not bring my kid into a Army barracks environment, first thing they are going to pick up on is the profanity. Seems to me you have the leverage in your hands with a fairly clear argument this is not right.
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SSG (Join to see)
Pretty much everyone in my CoC says I'm SOL. Housing in Germany is hard to come by I guess. I'm in the NCO barracks so it shouldn't be too bad for him. Also my lawyer said to my point blank that he cannot out in the decree that I have my son 180 consecutive days. I think thats BS. The divorce is done and I am not sure how I would change the paperwork now.
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SSG (Join to see) I cannot help on the legal side, but I can suggest that you bring this up to your chain of command, and maybe talk to the chaplain see if he got any suggestions
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SSG (Join to see)
They are aware. Not much we can do now except get an exception so that I can have him stay with me on my weekends in the barracks. Obviously though we wouldnt be spending all day in there. Just to sleep after going places
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SSG (Join to see)
Depends on what the divorce decree says in terms of visitation. I believe that if you get your child for more than 90 days of the year then you are entitled to BAH and you can live off base.
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SSG (Join to see)
Basic Allowance for Housing (BAH) - Frequently Asked Questions
A member assigned to permanent duty within the 50 United States, who is not furnished Gov't housing, is eligible for BAH, based on the member's rank, dependency status, and permanent duty station zip code. A member stationed overseas (except in Hawaii and Alaska), including U.S. territories and possessions, who is not furnished Gov't housing, is eligible for an Overseas Housing Allowance (OHA) based on the member's dependency status. If a...
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SSG (Join to see)
D. Legal Separation Agreement or Court Order Stating Amount of Support.
If there is a court order or legal separation agreement stating the amount of support, a member
must contribute to the support of the dependent the amount specified therein, but in no case may
the support payments be less than the applicable BAH-DIFF rate.
1. When a member is divorced from a nonmember, and they share
joint legal custody of a child, and the ex-spouse is awarded primary physical custody, then the
member is considered a noncustodial parent for the purpose of entitlement to BAH. If the
member’s court-ordered child support is less than the applicable BAH-DIFF rate, and the
member is not residing in, or assigned to, government quarters, the member is entitled only to
BAH at the without dependents rate. However, members who pay additional support to the ex-
spouse having primary custody of the child(ren) so that the total child support provided is equal
to or more than the BAH-DIFF rate, and who are not assigned to government quarters, are
entitled to BAH at the without dependents rate and BAH-DIFF.
2. When a member has temporary custody of a child and they reside
in private quarters, then the cost of maintaining a residence is not a factor in determining
entitlement to with dependents rate of BAH and may not be used instead of or in addition to
child support to qualify for increased allowances. The dependent child must reside with the
member on a nontemporary basis (e.g., for a continuous period of more than 90 consecutive
days) to qualify for the with dependents rate BAH for the temporary period. The cost of
maintaining a home may not be added to the child support amount to qualify for the increased
allowances.
If there is a court order or legal separation agreement stating the amount of support, a member
must contribute to the support of the dependent the amount specified therein, but in no case may
the support payments be less than the applicable BAH-DIFF rate.
1. When a member is divorced from a nonmember, and they share
joint legal custody of a child, and the ex-spouse is awarded primary physical custody, then the
member is considered a noncustodial parent for the purpose of entitlement to BAH. If the
member’s court-ordered child support is less than the applicable BAH-DIFF rate, and the
member is not residing in, or assigned to, government quarters, the member is entitled only to
BAH at the without dependents rate. However, members who pay additional support to the ex-
spouse having primary custody of the child(ren) so that the total child support provided is equal
to or more than the BAH-DIFF rate, and who are not assigned to government quarters, are
entitled to BAH at the without dependents rate and BAH-DIFF.
2. When a member has temporary custody of a child and they reside
in private quarters, then the cost of maintaining a residence is not a factor in determining
entitlement to with dependents rate of BAH and may not be used instead of or in addition to
child support to qualify for increased allowances. The dependent child must reside with the
member on a nontemporary basis (e.g., for a continuous period of more than 90 consecutive
days) to qualify for the with dependents rate BAH for the temporary period. The cost of
maintaining a home may not be added to the child support amount to qualify for the increased
allowances.
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