Iluv Posted June 19, 2014 Posted June 19, 2014 I have a couple questions regarding w-4 and the military benefits. My H and I are separated and a year and a half later he still has not filed. Here are my questions: Is it possible my H is getting money because we're still married? He was married before and got a divorce, i remember asking him if his pay is going to change because he got divorced and he said no because he has custody of the kids. I get no spousal support after the separation, he's actually banking every cent even BAH. The military pays for us to get our place but now he's living at his mothers house rent free and i am struggling. I recently got a job and i'm filling out my w-4, I'm having trouble figuring out what to put under allowances. Idk if he's claimed me as a dependant or not. He doesn't give me any money from his paychecks from the military.. and since i'm living on my own i would like to get the max i can from my paycheck. I don't mean to sound greedy but he also lapsed on my bills and i have to fix that so every penny counts. If i were to put 1, and my H claims me as a dependent and they find out that i put 1 for myself.. will i get in trouble with the IRS? If there is anyone familiar with the military and military benefits info would be great. I tried calling JAG but the closest one is 100 miles away and i do not have time to go to their office. My friends are saying he's dragging this out because he's getting money from it... but i'm also getting 2 different stories. Thank you in advance!
Owl Posted June 19, 2014 Posted June 19, 2014 He very well may still be drawing BAH and such. Here's my thought. Since you're seperated, and not divorced, you're still a military dependent. While I know it's a pain, I'd suggest that you contact the nearest base and speak with their ACS (Army Community Services...not sure if it's still called that or not), and ask them for legal assistance. Since you're still a dependent...you should be able to get legal counsel, and even use them to file for the divorce yourself. And...they should not only be able to tell you what you're entitled to...they can work back with the military legal system and his chain of command to ensure that you get it. 2
Oberfeldwebel Posted June 21, 2014 Posted June 21, 2014 Since he has the children and not living in military quarters, he is entitled to receive Basic Allowance for Housing or Quarters. If you had the children he would be required to pay you that allowance. Actually, you are financially responsible for child support to him. If you have not been married for at least 10 years, and he has custody of the children, then I doubt you see a nickel. As for your W4, it is used to determine withholding's. He cannot file a joint tax return without your signature, so there is no problem there. You need to just claim you and file for yourself at the end of the year. Your major focus needs to be on you and the children, that is more than enough for now. Since you still have a military ID card, you are still entitled to medical, commissary, PX privileges.
Author Iluv Posted June 22, 2014 Author Posted June 22, 2014 Since he has the children and not living in military quarters, he is entitled to receive Basic Allowance for Housing or Quarters. If you had the children he would be required to pay you that allowance. Actually, you are financially responsible for child support to him. If you have not been married for at least 10 years, and he has custody of the children, then I doubt you see a nickel. As for your W4, it is used to determine withholding's. He cannot file a joint tax return without your signature, so there is no problem there. You need to just claim you and file for yourself at the end of the year. Your major focus needs to be on you and the children, that is more than enough for now. Since you still have a military ID card, you are still entitled to medical, commissary, PX privileges. They aren't my kids, they're his kids from a previous marriage. I am still using the insurance which is nice but my ID expires in a couple of months. Thank you for your advice
Author Iluv Posted June 22, 2014 Author Posted June 22, 2014 He very well may still be drawing BAH and such. Here's my thought. Since you're seperated, and not divorced, you're still a military dependent. While I know it's a pain, I'd suggest that you contact the nearest base and speak with their ACS (Army Community Services...not sure if it's still called that or not), and ask them for legal assistance. Since you're still a dependent...you should be able to get legal counsel, and even use them to file for the divorce yourself. And...they should not only be able to tell you what you're entitled to...they can work back with the military legal system and his chain of command to ensure that you get it. I've been trying to get a hole of military legal.. i've even tried contact Military legal in different states but they don't pick up their phones and don't allow leaving msgs on their phone. It's pretty frustrating. The closest base is 100 miles away. I might have to go during my time off but I feel like i'd go only to be told they can't do anything for me.
Owl Posted June 23, 2014 Posted June 23, 2014 Another option...again, assuming Army which is what I know best. Contact his unit's chaplain. Most units nowadays have at least a Batallion webpage. Search the internet for his unit, check facebook especially, and see if you can find contact information for the Chaplain. Call them, explain your situation, and you concerns, and ask them for help moving forward. Either ask them to get someone from ACS or Legal to reach out to you directly, or see if they can assist you. Alternatively, you MIGHT call his chain of command...his company commander or First Sergeant. The risk with this is that they very well may communicate back to your husband about your inquiry...whereas the Chaplain will be obligated to keep your call confidential if you ask him to. 1
Chi townD Posted June 24, 2014 Posted June 24, 2014 Well, if he has custody of the kids then he would be entitled to BAH. Now, he should need to change his BAH status to BAH single instead of BAH and married if he has separation papers from you (which means less money). He should be receiving BAS but that's for him not eating in military chowhalls. He still should have you on Tricare Prime while, even though you are separated, you're still married. So, you still have medical benefits. But, once you divorce him, you come off of Tricare and you're going to have to come up with your own health insurance. However, your kids will still be covered. You could turn him in on living at mom's and drawing BAH, but that won't do you any good. All he would have to do is go to OfficeMax and pick up and a blank rental agreement and fill it out to reflect that he's paying rent at his mom's. His mom signs it as the renter and it gets entered into his service record and that will be good enough for the military. If it isn't good enough for the military, then he'll just receive a "No pay due" statement until the money is paid back. But, BAH and BAS shouldn't be factored as money available in divorce cases. He's not entitled to that money and they can take it away in a minute. It should be viewed as money that is never viewed. It's just money allocated for housing and sustenance. The IRS doesn't even tax those funds. Sorry to say this, but besides the BENEFITS that go with marrying a service member; if you didn't have the benefits, then the service members pay is WELL BELOW the poverty level for this country. As a matter of fact, a lot of military families of 4 or more on the west coast qualify for food stamps and that's WITH all of the benefits. Sad really....... If you're looking for an upswing from this, you might be entitled to a percentage of his pay. It all depends on how much money you're making. And if you're making more money that what his base pay is, then don't expect much. However, if you've been married for over ten years, then you would be entitled to half his retirement if he goes the full twenty. If your ID expires in a few months and you are not divorced then just go to PSD on base and get your ID updated. You're still married; therefore, still entitled. Therefore, you'll still be listed in DEERS as his spouse. They'll update it for you. You don't need him to be present for that. 1
Owl Posted June 24, 2014 Posted June 24, 2014 I have a couple questions regarding w-4 and the military benefits. My H and I are separated and a year and a half later he still has not filed. Here are my questions: Is it possible my H is getting money because we're still married? He was married before and got a divorce, i remember asking him if his pay is going to change because he got divorced and he said no because he has custody of the kids. I get no spousal support after the separation, he's actually banking every cent even BAH. The military pays for us to get our place but now he's living at his mothers house rent free and i am struggling. I recently got a job and i'm filling out my w-4, I'm having trouble figuring out what to put under allowances. Idk if he's claimed me as a dependant or not. He doesn't give me any money from his paychecks from the military.. and since i'm living on my own i would like to get the max i can from my paycheck. I don't mean to sound greedy but he also lapsed on my bills and i have to fix that so every penny counts. If i were to put 1, and my H claims me as a dependent and they find out that i put 1 for myself.. will i get in trouble with the IRS? If there is anyone familiar with the military and military benefits info would be great. I tried calling JAG but the closest one is 100 miles away and i do not have time to go to their office. My friends are saying he's dragging this out because he's getting money from it... but i'm also getting 2 different stories. Thank you in advance! Chi Town D has the right of it...but, I'm going to make one more observation. If you're still married...he's still obligated to support you, seperated or not. If you aren't making it, or are struggling...then you still have the right to go to ACS for assistance. If he's not doing what he's legally obligated to do in order to support you, they will ensure that his chain of command makes that happen. The only way he's not obligated to support you is if you're divorced, and no longer his dependent. Then you're entitled to what's arbitrated in the divorce. As a military dependent...you still have all of the benefits outlined, even if seperated. I'd suggest that you use them to your full ability.
Chi townD Posted June 24, 2014 Posted June 24, 2014 I agree. Use the system while it's there to use. Use the commissary, it's cheaper than most your civilian supermarkets, you can still use coupons there and no taxes tacked on to your bill. Same with the PX. A lot of folks say it's no better than Walmart as prices goes. But, it is better because it's tax free. You'll be able to save money that way.
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