Does anyone know how the benefits work if incarcerated? I'm wondering if my daughter-in-law and her baby may continue to receive any pay benefits and/or medical if my son is sentenced. He is AF but I assume they are all basically the same.

Thanks for any info.

Pam

Pam, I'm not sure, but I believe she can petition for continued benefits based on hardship. I don't know how they decide but I have read opinions that reduce the forfeiture of pay but allot sums to the spouse and family. She needs to go to whatever office is the equivalent of Human Resources in the military (I've forgotten now--PERS?) or ask your son to tell his attorney to do whatever is needed. I know this isn't much info. I'll see what I can find for you.

My husbands lead attorney recently put in a request for the forfeiture of my husbands pay and benefits to be delayed for up to 6 months. He said it would take about a week for them to reach a decision. So it seems like it is something that the lawyer has to do, as he filled out the form and sent it down to the trial counsel office. I hope this helps. I am also hoping they grant my request. It will make it far easier for me to move to Kansas to be with my husband and faster if I don't have to do it on my little bitty income.

Erin

Thanks Erin, that helps. I have written my son and asked him to talk with his attorney about this and I intend to talk with him about it next time he calls. Problem is, my daughter-in-law did not work. She is in school now to become a CNA, which is good but I know it won't pay much. I just have to remember that she won't be the first mom supporting a child - difference is, this is MY grandchild.

Pam

My husbands lead attorney recently put in a request for the forfeiture of my husbands pay and benefits to be delayed for up to 6 months. He said it would take about a week for them to reach a decision. So it seems like it is something that the lawyer has to do, as he filled out the form and sent it down to the trial counsel office. I hope this helps. I am also hoping they grant my request. It will make it far easier for me to move to Kansas to be with my husband and faster if I don't have to do it on my little bitty income.

Erin

With her not having a job, being in school and having a child increase the chances of her being able to retain her husbands benefits for a time. The fact that I work full time, even though the pay is low and I live in a high cost of living area, and am already finished with school, even though I plan on going back, and do not have children, seriously decreases my chances that they will extend his benefits. But I am sure that the military will take your daughter-in-law's circumstances into account and allow his benefits to continue for a time. I hope all the best for you guys, this is a trying time for anybody to be going through.

Erin

My husband is at the usdb and i was also concerned about the benefits. From what i understand family members will keep their medical benefits as long as he is considered active duty.

I Recently posted this under "Facing Court Martial? READ THIS!"
ALL families of a spouse facing court martial need to know this.
Forfeiture of all pay and allowances is automatic when the individual is incarcerated.
For those of you who don't know, the Convening Authority (CA) can waive forfeiture of pay for a period not to exceed six months for the purpose of providing support to dependent(s). This is specified in the MCM (2002 Edition), Chapter XI - Post Trail Procedure, Rule 1101, Article 58b, Forfeitures.

YOU HAVE TO REQUEST THIS EXTENSION. It is not automatic. It also really amounts to base pay. Forget VHA and the like, since, for example, VHA is based on the spouse's duty location. An incarcerated member has no duty location. My lawyers told us about this provision, and it was a Godsend. I am surprised how many people don't know about it (Don't count on the JAG to mention it.) Apparently, even a lot of defense lawyers never tell the defendant or his/her family.

And, oh yes. Until the incarcerated spouse is officially discharged, the family still has access to medical care, PX, that sort of thing. Even when a discharge or dismissal (officers) is set as part of the punishment (It pretty much always is...) it does not become effective until all appeals are completed and the case is finalized. How long does that take? It depends. My case was a contested case (I did not plead guilty) and my appeals went as far as the Court of Appeals for the Armed Forces (CAAF). I was convicted in 1999, released from incarceration in May 2001, and my appeal was only recently completed (the case has yet to be finalized). That is a little bit longer than the average, I'm told, but not by much.
I hope this helps.

Either i got lucky or they goofed up because i've been getting the bah too.I Recently posted this under "Facing Court Martial? READ THIS!"
ALL families of a spouse facing court martial need to know this.
Forfeiture of all pay and allowances is automatic when the individual is incarcerated.
For those of you who don't know, the Convening Authority (CA) can waive forfeiture of pay for a period not to exceed six months for the purpose of providing support to dependent(s). This is specified in the MCM (2002 Edition), Chapter XI - Post Trail Procedure, Rule 1101, Article 58b, Forfeitures.

YOU HAVE TO REQUEST THIS EXTENSION. It is not automatic. It also really amounts to base pay. Forget VHA and the like, since, for example, VHA is based on the spouse's duty location. An incarcerated member has no duty location. My lawyers told us about this provision, and it was a Godsend. I am surprised how many people don't know about it (Don't count on the JAG to mention it.) Apparently, even a lot of defense lawyers never tell the defendant or his/her family.

YOU HAVE to remind the attorney to request the deferrment of pay and allowences to be diverted to the family. Trust me I didn't ask and the prosecutors didn't do it.

Make sure you ask your local ACS (Army Community Service) or equivilant to give you information on Transitional Compensation. For the army the compensation is given to the family for no less than 12 months and no more than 3 years. Currently the compensation for a spouse is over $950 and over $230 for each dependant...so for a family of 4 with the convict going to prison there's about $1600 a month that is paid to the family and they are still allowed commissary, px, medical etc benefits. You're supplied with a new set of ID cards and the pay is sent by direct deposit to your checking account.

Make sure you get this paperwork done ASAP. Meaning fill it out before the trial...before the hearing...everything right away so you don't have to deal with the trauma of everything AND have to deal with money problems as well. If you fill out all the TC (Transistional Paperwork) and the military member is found not guilty they'll simply not submit your paperwork.

I CANNOT EXPRESS HOW IMPORTANT THIS IS. I have not received any money (zero, nada, nothing...) from my convicted husband. He put an allotment in to send all the money to an account in his sister's name. He was convicted mid May and to date has made $6505.80. He's still receiving money for his dependants yet those dependants are not receivng anything. To include, no TC, no dependant allotment, and no spousal support.

Please protect yourself and your family financially. The trauma and damage is greater when you factor in financial stresses.