It saddens me when a couple gets divorced. Unfortunately people sometimes have a difficult time working through problems and divorce is a fact of life. I have attached a document that you might consider providing to a Soldier when you conduct a counseling on divorce. Keep in mind this does not apply to all situations but it can give you a general idea of questions to ask and items to consider. I hope this couple can work things out. No one wins in a divorce.
See the attachment below. The information is specifically tailored for Maryland state laws, but it will give you a good place to start your research.
Comments
Legal NCO
Have the Soldier make an appointment with the Legal Assistance Office on your base. The attorneys there will be able to provide information specific to his situation.
Support of Dependents, covered by AR 608-99 for Army personnel, is a critical part of the equation. If there is no court ordered amount of support or a written and signed agreed upon amount of support, then the Soldier is required to pay the BAH-II with dependent rate for his grade. This requirement begins when the parties quit living together, regardless of who moves out.
If they are living in government housing and the dependents remain in gov’t housing and the Soldier moves out, then the Soldier is not required to pay the BAH-II rate. On the other hand, if the dependents move out of housing, the Soldier is required to pay the BAH-II rate, even though he is not receiving BAH due to still being signed for the gov’t housing.
A court order or written agreed upon amount of support between the two parties, takes precedence over the BAH-II table rate, whether it be higher or lower.
One last thing, AR 608-99 is punitive in nature. Failure on the part of the Soldier to provide the required support could result in punishment under Article 92, of the UCMJ.
There are many more issues to consider in trying to decipher AR 608-99. Legal advice by the legal assistance office or your unit’s Staff Judge Advocate Office is STRONGLY advised.
Preston
This is great input, Legal NCO. Thank you for sharing!