Posted on Jun 20, 2018
SGT Infantryman
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So I got out of the military a little while back and I’m wondering if DFAS can charge over payment of BAH. I was married and went through a divorce and I was living off post at the time and still receiving BAH due to a current lease I could not get out. My chain of command was tracking this situation and never put up anything to change my pay because they said as soon as my lease was up BAH would stop however since it’s an active lease , I’d still receive BAH. I continued to receive this BAH and I ets about 6 months later . About another 6 months I got a letter from DFAS saying I owed just about 6,800 dollars in overpayment of BAH. How can this be correct ? I tried sending it my old lease to DFAS and I asked someone from Finance who didn’t provide too many answers , but said to look in “DoD 7000.14 - R“. Can someone please help me or give me some guidance . Thank you!
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Responses: 12
SGT Admin Nco
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In summary, anytime you have a life change that has an effect on your pay, i.e. (Divorce, Marriage, etc) that's something that you must follow up with your Local Finance Office to update asap so you don't inquire a big debt. Upon getting divorced, you were supposed to update your BAH from the "with" to "without" dependent rate since you were single. Since this wasn't done, you owed the Army the difference × 6 months. There's no way around that, and the regulation backs that up.
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1SG Civil Affairs Specialist
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^THIS^
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CSM Darieus ZaGara
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You would or should have applied for an exception. Your commander has the authority to work through this. See your 1SG. They may ask to get you out of the lease, that is also an option. Ignorance is never bliss. Not to mention you are likely going to have some sort of restitution to your ex. Thank you for your service.
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SGT Infantryman
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I don’t have to pay anything . I was paying her during the divorce process. My command team at the time said I would receive the Bah till my lease was up, so I did . But 5960 reflected single
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CSM Darieus ZaGara
CSM Darieus ZaGara
>1 y
No pay, that’s lucky for you. The rest gods true, your commander holds the authority. If he gave you permission to live off post. If there is a higher command decision then you should be able to be let out of the lease under a military clause. Sometimes the desire of the Soldier does not mesh with the policies of command.
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MAJ Ken Landgren
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Edited >1 y ago
E-5 BAH RATES:

$711.30 BAH WITHOUT DEPENDENTS
$948.30 BAH WITH DEPENDENTS
$267.00 DIFFERENTIAL

It looks like they are trying to collect BAH WITH DEPENDENTS for six months.
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1SG Civil Affairs Specialist
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Indeed, most likely because they found out from Federal Tax information that the divorce executed prior to separation.
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MAJ Ken Landgren
MAJ Ken Landgren
>1 y
SGT Jones needs to call DFAS, Out of Service Debt section.
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