There are so many things wrong with this, I'm not sure where to begin. You husband is obligated to inform the courts anytime his work situation or living situation changes. There are a number of other things like this as well. He also needs to produce all W-2s. There's no way the government doesn't already know these things.

If you have sole custody of your children, he cannot claim them as dependents. That is called fraud.

You should just wait for the court date, where everything should shake out. Your husband could get into a lot of trouble for withholding information.

JAG stands for Judge Advocate General. It is a military attorney
LES stands for Leave and Earnings Statement. It is what the military offers in place of a W-2.

Thank you for the information so far...

We have Joint= LEGAL
I have Sole= PHYSICAL

How is he getting away with claiming them for BAH and BAS allowances? How do I find out for sure if he is claiming them? Will it be on his LES?

As he is (or suppose to be) paying child support he can claim them and get paid BAH (basic allowance for housing) and BAS (basic allowance supplement) which is based upon zip code. I know this because I was doing this when I was in the service but I did things the way it was suppose to be done. He is not allowed to keep the money. That money belongs to your kids it is their money. You need to contact your lawyer which he or she should contact the court. You can also take your divorce papers to the closest Military base Jag office and show them the papers and tell them the story. They should do something to help.
The military does not look kindly upon dead beat dads. Once the Miitary finds out this he will have a problem. He will have to pay no matter what he wants to do. You can also make him put the kids on his Tri-Care insurance.
It may take some time to get this done and he does not have to be in court. Go to court and give them the information.
If he is getting BAH and BAS it will be on his LES. If he has not remarried then your kids will be the only one he can draw on.

Retired US Army 33 Years

THANK YOU DMG123! He has NOT remarried. So what you are saying is that he can receive BAH and BAS allowances for the kids even though they dont live with him nor does he have them 51% of the time? If so, Do the military think he has informed the child support agency about his BAH or BAS allowances? and his basic military pay? When he gets this money how does the military expect /think that he gives it to his kids? Now a little more info for you... He did get a HUGE house at which he has a roommate that is helping pay rent but my guess is that he would say he got it for the kids on the 6 days of visitation which justifies his BAH and BAS allowance request. HELP AGAIN!

Why he got the house doesn't matter. If you are not receiving a check each month then he did not tell the unit. He has to set and allotment up to go to you for the kids. If he did not get any bank information from you then he did not set up the allotment. You can also go to his unit and talk to the people there. The unit should have left a few people behind for a rear detachment. Don't forget to take your divorce papers. That should show that he needs to pay support.

THANKS FOR YOUR ANSWER!!!

You were right on... the unit did help and they said exactly what you said about the allotment set up situation. I brought my divorce papers like you said and it was smooth sailing. Now the appropriate people are involved. This helps my kids get what they deserve from their father!!!

Thank you again DMG123 for this answer as well as the 33 years you served protecting our country :)

I am happy things are working out. One thing that bugs me is a man that does not want to take care of his kids.