Pay problems related to marriage, BAH, and FSP. Need advice!

SPC Private RallyPoint Member — Fri, 02 May 2014 10:25:05 -0400

I am currently married and before my deployment my wife left me but I did not have time to start the divorce. At my SRP finance asked if I'm still supporting my wife, I said no so they said if I don't I wont get FSP and my BAH would be as if I'm single. At MOB I was asked about, but was told it was correct. Since Nov. I have not given my wife any money. My wife had a child and after a DNA test found out she is my daughter. I have paid $1400 since Feb. to my wife for the support and care of my daughter. But my wife went to the FRG and complained that I haven't given her any money. Battalion back in the states emailed my commander asking why I am not supporting my wife. I provided the documentation check numbers and also signed papers and text messages as proof my wife has received the money. My DA form 5960, States I am married without dependents and says S/M and spouse are separated S/M does not support spouse. Battalion said I owe back pay to my wife and is estimated at around $2500. So my question is do I get my BAH and FSP changed because I now have to support my wife. I asked finance and they said they could no unless I have a notarized sworn statement from my wife that indicates the date we got back together and the address we live at. But we are not back together and are planning on getting divorced. I have tried to make a legal apt. with legal services here on KAF but can not find there office or get threw to the numbers I have received. My platoon SGT has gone with me twice and asked our battalion how to contact legal but with no success. I need advice and answers because I don't know what to do.

Response by CSM Michael Poll made May 2 at 2014 10:28 AM

CSM Michael Poll — Fri, 02 May 2014 10:28:10 -0400

The best advise I can give you is to seek out your SJA rep in your BN/BDE to ask these questions to. they will have the legal ansers for you. They will be your best source of information. I would do this ASAP!!

Response by 1SG Private RallyPoint Member made May 2 at 2014 10:30 AM

1SG Private RallyPoint Member — Fri, 02 May 2014 10:30:22 -0400

In addition to CSM Poll's very sound advice, make yourself familiar with AR 608-99. That AR covers your situation and will help you educate yourself.

Response by SFC Private RallyPoint Member made May 2 at 2014 11:49 AM

SFC Private RallyPoint Member — Fri, 02 May 2014 11:49:51 -0400

From the time you seperate to the time your divorce is final you are required to give your spouse 70% of your BAH. This was told to me by my 1SG and JAG when I went through my divorce.