spouse support prior to divorce

[joko_d]

What is the name of your state? mo
I've decided to proceed with getting a divorce from my korean spouse who is not in Korea. I receive BAH with dep rate because of my kids here with me. I know I have to give her some type of support. I offer her $250 a month. We have been married for 4 months. As in my previous post (No contact Order) She threathen to call the Commanders Hotline and ask for more than I am offering. Can my Commander direct me to give her more money for support? Granted I did give her $600 in March, $700 in April, $600 in May. before I found out she was having a affair when I visit her this past end of May. She works and makes $950 a month. Her expenses are $650 a month.

[fozzy2]

It would be helpful to know what branch of the service you are in, as the regulations vary. It also depends on how many people in the family (i.e. you + spouse + kids). The Army uses the formula ( 1/family size ) * applicable BAH II WITH rate, to determine how much support per person supported. In the Navy, if there are three people each warrants 1/3 gross pay. In your situation the USMC guide would be BAQ + 20% base pay. The Army regulation is AR 608-99, ask if you are in another service.

With the possible exception of the USMC, commanders can not directly have your pay garnished nor take your money to provide support. However, they can counsel and discipline you if you fail to meet "service standards", i.e everything from verbal admonishment to court martial. Generally speaking, if your level of support meets the 'guidelines' in the regulation, you will be OK. There can be a lot of little exceptions to the rules, reading the applicable regulation carefully is advised.

[joko_d]

I'm in the Air Force. No children with this woman.

[rzack]

Having affair after 4 months of marriage? Thats a very short time of marriage, I don't think you even have to pay any kind of support, specially with no children. But go to your JAG and ask questions to protect yourself. Once divorced I don't think you can get the BAH. Is there any law that service member can get BAH just because of the children?

[ILOVEMYGSM3]

however, that was the navy...i'm unsure how it works now, but i do know that after my roomates divorce, he only got single bah(he pays support, and has extremely limited visitation)...but when the other roomate gets his divorce, i believe he will be entitled to the dependent rate, b/c he has ALOT of visitation w/both children, and he pays for 2 different kids...if you are an e4 or above, you can still get the single bah, which depending on ur area it may or may not cover at least your rent...otherwise, if you get sole custody, wether she has visitation or not, you CAN apply for base housing...you do not have to be married to get base housing if you have dependents who DO LIVE WITH YOU...if you can prove the affair, as in with pix, letters 1 of them wrote etc, then you can request a waiver of support, from DFAS...then you will either have to pay the 250 you send now, or maybe none at all...