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Does anyone have knowledge of AR608-99? I have legitimate case on my hands and want some real good advice on whether I should continue to pay my soon to be ex wife or if I'm legally released?
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Regulation
Regulation
Posted >1 y ago
Responses: 4
SGT (Join to see), the best you'll get on RP (unless there is one of your JAGs lurking here) here is an informed opinion. When you're going to make a decision that has lots of legal ramifications, you really need to talk to the experts on this.
Contact legal client services on post (for you, they are at http://www.campbell.army.mil/campbell/SJA/Pages/ClientServices.aspx). While the legal assistance team won't get directly involved with your proceedings, they will give you advice and assistance (exactly what you are looking for).
If you go to the above link, click on "Legal Assistance" and scroll to the bottom, you'll see an information paper that the LA team on "Family Support" which is a 'legal FAQ' that they created for some of the most common questions and interpretations.
MY OPINION (get the legal advice answer): You said the MDA states that she isn't entitled to "any of the husband's Basic housing allotment". Not knowing anything else about the MDA, the problem with this is family support doesn't rely on your getting BAH or not - it is just used as a guideline about what you owe. So, TECHNICALLY it could be argued that you're still libel for support .. just that the BAH isn't calculated in.
Again, go talk to legal assistance. If I was your Bn Commander and you brought this to me, I'd be calling them right now for the interpretation because it could be murky (not saying it is, just saying it could be).
Contact legal client services on post (for you, they are at http://www.campbell.army.mil/campbell/SJA/Pages/ClientServices.aspx). While the legal assistance team won't get directly involved with your proceedings, they will give you advice and assistance (exactly what you are looking for).
If you go to the above link, click on "Legal Assistance" and scroll to the bottom, you'll see an information paper that the LA team on "Family Support" which is a 'legal FAQ' that they created for some of the most common questions and interpretations.
MY OPINION (get the legal advice answer): You said the MDA states that she isn't entitled to "any of the husband's Basic housing allotment". Not knowing anything else about the MDA, the problem with this is family support doesn't rely on your getting BAH or not - it is just used as a guideline about what you owe. So, TECHNICALLY it could be argued that you're still libel for support .. just that the BAH isn't calculated in.
Again, go talk to legal assistance. If I was your Bn Commander and you brought this to me, I'd be calling them right now for the interpretation because it could be murky (not saying it is, just saying it could be).
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SGT (Join to see)
Thanks sir, but the big question I have is regarding Chapter 2 subsection 2-3 and 2-7 (specifically the termination clause). She signed a Martial Dissolution Agreement in which it state she will not be entitled to "any of the husband's Basic housing allotment". In 2-3 it clearly identifies what a written agreement is and a martial dissolution is an written agreement. She signed it and had it noterized and it is filed at the court house. Does this relieve my of paying her?
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SGT (Join to see)
I managed a Legal Assistance Office in Vilseck (Rose Barracks) Germany a couple years ago. I dealt with this often, but as a Paralegal, I must say that I cannot give you legal advise and I must say that you should go to your local Legal Assistance Office and speak with an attorney. Additionally, since I am not face to face with you, I must really insist that you see that attorney as there are probably facts in your case that I am unaware of.
That being said, I can tell you what I think with my experience and background but please take it as a source of information, not as advice, especially as its been a couple years since I dealt with this everyday...
608-99 is not a tricky regulation. It is very cut and dry, for one.
For two, I'll elaborate on a few things rhetorically that you need to answer yourself as you read on.
Are you receiving BAH and living off-post, or are you receiving BAH and living on-post, or are you receiving partial and living in the barracks? If you are receiving full BAH and living off-post, it might be in your interest to continue to pay her. There is a minimum amount that must be paid in order for you to even be eligible to receive BAH in the first place, even if you are married. Of course, it is presumed you meet this mark when you are happily married and living together. The minimum amount I am unaware of but it is a lot less than the minimum amount due to your spouse absent an agreement according to 608-99, which for a SGT is something like $700 a month. The minimum due to receive BAH at all, regardless of marital status is something like $250. Conversely, if you choose not to pay her anything, meaning you pay her $zero, then you are not authorized BAH and that could come back to bite you. BUT GO SEEK AN ATTORNEY :)
If you are living on-post in family housing which deducts 100% of your BAH automatically, get out of there ASAP because you would still owe her 608-99. If SHE is in on-post housing, your Commander can find that you are sufficiently supporting her (or not) and consider 608-99 satisfied (or make you pay her more, but then you just go to IG so maybe not).
If you are receiving partial, then I have no idea bud.
Also, if you have children with more than one woman, meaning 2 kids/2 mothers, then it gets more complicated; or if you have your own kids (absent mother) or adopted or did not adopt her/their kids absent father). But that is a gray area that I am not comfortable with. I went there once with a client I was trying to look out for and his wife filed a congressional against my office. We won of course because we were right. But...
Hope this helps you! Also, go see an attorney.
That being said, I can tell you what I think with my experience and background but please take it as a source of information, not as advice, especially as its been a couple years since I dealt with this everyday...
608-99 is not a tricky regulation. It is very cut and dry, for one.
For two, I'll elaborate on a few things rhetorically that you need to answer yourself as you read on.
Are you receiving BAH and living off-post, or are you receiving BAH and living on-post, or are you receiving partial and living in the barracks? If you are receiving full BAH and living off-post, it might be in your interest to continue to pay her. There is a minimum amount that must be paid in order for you to even be eligible to receive BAH in the first place, even if you are married. Of course, it is presumed you meet this mark when you are happily married and living together. The minimum amount I am unaware of but it is a lot less than the minimum amount due to your spouse absent an agreement according to 608-99, which for a SGT is something like $700 a month. The minimum due to receive BAH at all, regardless of marital status is something like $250. Conversely, if you choose not to pay her anything, meaning you pay her $zero, then you are not authorized BAH and that could come back to bite you. BUT GO SEEK AN ATTORNEY :)
If you are living on-post in family housing which deducts 100% of your BAH automatically, get out of there ASAP because you would still owe her 608-99. If SHE is in on-post housing, your Commander can find that you are sufficiently supporting her (or not) and consider 608-99 satisfied (or make you pay her more, but then you just go to IG so maybe not).
If you are receiving partial, then I have no idea bud.
Also, if you have children with more than one woman, meaning 2 kids/2 mothers, then it gets more complicated; or if you have your own kids (absent mother) or adopted or did not adopt her/their kids absent father). But that is a gray area that I am not comfortable with. I went there once with a client I was trying to look out for and his wife filed a congressional against my office. We won of course because we were right. But...
Hope this helps you! Also, go see an attorney.
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I agree with everyone else's comments. First and foremost, go see JAG on this. They will know how to handle it. Explain everything in detail and be honest so they can properly guide you. Take in every pertinent document that you have including your copy of the Agreement.
With that said, and as others have stated, I can only tell you things from personal experience. It's not meant as legal advice since I am not an attorney. I went through something similar in 2011 when my ex-wife and I separated. In my situation though, there was no agreement (she wouldn't sign one) so I was obligated to pay her BAH II. Unfortunately, she got my command involved in order to try to get me in trouble (long story). I didn't want my C2 involved since we are suppose to take care of our personal business but unfortunately the ex decided to get them involved. After speaking to my CDR and explaining everything, she guided me in looking into the reg (AR 608-99) as well as seeking JAG counsel. I ended up having to pay her BAH-II until the divorce was finalized.
Whatever happens in your case the BIGGEST thing I highly recommend you do is to keep all papers and to track ANY funds you send out. By this I mean use money orders, if possible, and send them certified mail with return receipt. Keep the copies of the money orders too. This is something else my ex tried with me but I was smart enough to keep everything as well as scanning it into the computer to have readily available as a PDF file. It helped when she accused me of non-support and I provided digital copies of everything to her attorney as well as my C2.
Hope this helps and good luck with your situation. If you need anything or just want to chat, send me a message.
With that said, and as others have stated, I can only tell you things from personal experience. It's not meant as legal advice since I am not an attorney. I went through something similar in 2011 when my ex-wife and I separated. In my situation though, there was no agreement (she wouldn't sign one) so I was obligated to pay her BAH II. Unfortunately, she got my command involved in order to try to get me in trouble (long story). I didn't want my C2 involved since we are suppose to take care of our personal business but unfortunately the ex decided to get them involved. After speaking to my CDR and explaining everything, she guided me in looking into the reg (AR 608-99) as well as seeking JAG counsel. I ended up having to pay her BAH-II until the divorce was finalized.
Whatever happens in your case the BIGGEST thing I highly recommend you do is to keep all papers and to track ANY funds you send out. By this I mean use money orders, if possible, and send them certified mail with return receipt. Keep the copies of the money orders too. This is something else my ex tried with me but I was smart enough to keep everything as well as scanning it into the computer to have readily available as a PDF file. It helped when she accused me of non-support and I provided digital copies of everything to her attorney as well as my C2.
Hope this helps and good luck with your situation. If you need anything or just want to chat, send me a message.
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SGT (Join to see)
thanks everyone for their advice. the best thing I did was contact JAG and i was correct on my view of the regulation. Again, thanks for your opinions and insight.
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SFC Joe S. Davis Jr., MSM, DSL
I experienced it a lot , and JAG was the sure answer on support and BAH
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