a little complicated, help

[sillygirl53712]

I caught active duty, senior enlisted, husband having affair with a private
we seperated- I moved out
I Turned him in for fraternization

3 days later he kicked in my front door with a loaded 9mm

he is currently in a county jail (no bond) awaiting trial on
Burglary 1st degree
assault with intent to kill
kidnapping
Criminal domestic violence of a high and aggrevated nature

I spoke with his command and was told that once he was incarcerated for 60 days all of his pay stops to include bah. that will happen mid september.

what I need to know is:
does that affect our tricare?
(we have children)
will any allotments continue to be paid?
if his chain of command agrees, can he use leave days to avoid the 60 days?

*note* I WILL NOT ask judge to release him, I like life.

[IrishLady47]

There are some protections and financial provisions for spouses/children when domestic violence is involved. I will try to find some links for you, but you should also check with your military legal assistance.

[dad43]

what state are you in? what branch is he in?

lord, my eyes hurt....here's a link for you...and it states that it was put into action that a confined servicemember WITH dependents, is to recieve bah-II...BUT, i did not read all of it, i just made sure it had some info for you...NOW, you can go to JAG and explain the issue to them...they will know what to do, and who to contact...sadly, there's a possibility that the command is just trying to stonewall you and some have been known to do it...

[url]https://www.missa.manpower.usmc.mil/elibrary/paan/displaypaan.aspx?pid=752[/url]

now, this is in regards to the USMC, and it's the ONLY publication i could find, to save my life(no pun intended)...NOW, if you give me a day or a few, i might be able to get a "true" answer for you...i have a friend in japan, who is an MP, and works in the brig there...seeing he is in OKI, it might take me a few days to get a response from him...if i do, and it is different from what you get after me, or no one responds with anything helpful, i will post all that i learn...


ETA-ok upon rereading that site i gave you, if all rights to pay were waived, you cannot get bah.....and i now have a severe migraine, from reading 62 pages of bs, which only covered bah tables that concerned members WITHOUT deps, confined in a civilian or military jail....argh...again, if i get a response from my boy, i'll add it here

[DRTDEVL]

What you are looking for is "Transitional Compensation". Get the info from the local ACS:

TRANSITIONAL COMPENSATION. This program provides monthly transitional compensation benefits, medical, and dental coverage during the entire period of eligibility of transitional compensation to abused dependents, children not residing with spouse or former spouse. Benefit entitlement starts the date the disciplinary action for dependent abuse is approved. In addition to monthly payments, benefits include medical/dental care, commissary and Post Exchange.

Payments are for a minimum for 12 months or until the soldier’s ETS date, whichever period is longer, but may not exceed a maximum of 36 months. The current monthly DIC rate is $850 for the spouse and $215 for each child.

Forfeiture provisions:

* Active participant in abuse – Actively aided or abetted soldier
* Re-marriage – Notification made to Defense Finance and Accounting Service within 30 days. Payment terminates on date of re-marriage.

* Cohabitation with abuser – Payment terminates on date soldier begins residing in household.
* Actual certification – To Defense Finance Accounting Service that spouse has not re-married and has not been co-habitating with soldier.

[lilgecko]

Army Emergency Relief ( [url=http://www.aerhq.org]Welcome to Army Emergency Relief[/url] )will not assist soldiers who are incarcerated or pending UCMJ Action.

[url=http://www.aerhq.org/section.asp]Section Information[/url] :

"Soldiers in Confinement or Pending Separation from the Army, or disciplinary action that could result in elimination will be limited to only basic needs. Dependents of prisoners or deserters are only provided limited assistance. Assistance is provided to prevent immediate privation and normally done on a one time basis. Generally, these type cases are grants."

Eligibility:
• Soldiers on extended active duty and their dependents.

AER provides two types of emergency financial assistance:
• Assistance to Soldiers and their eligible family members who are faced with a valid financial emergency need often involving basic essentials of everyday living.

(food, shelter, utilities, the ability to call 911, the ability to drive to the hospital(your car payment), NO CREDIT CARD PAYMENTS DON'T EVEN ASK.

You can also apply for emergency on post housing if its available. The last thing a commander wants on his watch is a service member under his command abusing his DoD dependents. Not to mention you will have the protection of the Military Police while living on Post. If the service member screws with direct orders or judicial protective orders on post it becomes a 'Federal Offense' if its not already so. Contact FAP (Family Advocacy Program) at Army Community Services, they will get the ball rolling for you.

Good Luck, stay strong, stay SAFE!