Does anyone have any knowledge on AR 608-99?

SGT Private RallyPoint Member — Thu, 14 Aug 2014 21:06:12 -0400

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?

Response by SSgt Gregory Guina made Aug 14 at 2014 9:34 PM

SSgt Gregory Guina — Thu, 14 Aug 2014 21:34:35 -0400

Not sure about in the Army but in the MC you are required to support your spouse until the divorce is final. At that point support is determined by the courts.

Response by LTC Private RallyPoint Member made Aug 14 at 2014 9:38 PM

LTC Private RallyPoint Member — Thu, 14 Aug 2014 21:38:23 -0400

http://www.bragg.army.mil/directorates/osja/Legal%20Assistance%20Documents/Information%20Papers/Guidelines%20for%20Army%20Regulation%20608-99.pdf

Response by COL Randall C. made Aug 15 at 2014 10:35 AM

COL Randall C. — Fri, 15 Aug 2014 10:35:41 -0400

SGT Private RallyPoint Member, 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).

Response by SSG Private RallyPoint Member made Oct 15 at 2014 2:01 PM

SSG Private RallyPoint Member — Wed, 15 Oct 2014 14:01:53 -0400

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.