BAH
DEERS
Family
Children
Responses: 3
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Just because you have a child doesn’t mean you are entitled to BAH. You must have physical and legal custody of that child and they must receive support from you if you’re not married.....more than just an acknowledgement form to receive BAH. If your name is on the birth certificate, and you provide support more than the BAH-Diff rate, or have physical and legal custody there should not be a need to have a paternity acknowledgment. The DOD regulation below is only 62 pages long but I’ve pasted a few areas below which you may find helpful. Read the Reg for yourself as it may be helpful to your situation.
DoD Financial Management Regulation Volume 7A, Chapter 26:
B. Nonsupport. A member who fails to support a dependent on whose behalf BAH is received is not entitled to BAH on behalf of that dependent. Recoup for periods of nonsupport or inadequate support. Unless a period of nonsupport or inadequate support was caused as a result of mission requirements of the Service concerned (e.g., remote assignment, deployed, limited access to administrative support and/or financial networks, etc.), or the actions of outside agencies (such as financial institutions, postal service, etc.) over which the member has no control, as determined by Service regulations, the subsequent payment of arrears of support does not entitle a member to BAH on behalf of the dependent for the period of nonsupport or inadequate support. If a member is not entitled to BAH for dependents under any of the subsequent subparagraphs, consider entitlement to without dependents or partial rate BAH under section 2602. NOTE: A member does not avoid the legal responsibility to comply with a court order for support by forfeiting BAH.
Also in same Reg:
260412. Adopted, Illegitimate, and Stepchild(ren). Adopted children, illegitimate children, and stepchild(ren) are primary dependents. As a result, dependency is no longer required for these dependents.
A. Proof of Parentage. A member who claims BAH on behalf of an adopted child, stepchild, or a child born out of wedlock (parents are not married to each other at the time of the child’s birth) must provide proof of parentage as follows:
1. For an adopted child, document showing the member is the child’s
legal parent.
2. For a stepchild, a marriage license showing the member is married to the child’s legal parent and documentation showing that the member’s spouse is the parent of the child.
3. For a child born out of wedlock, a birth certificate with the member name cited is required. If the member name is not stated on the birth certificate, or a court-order, obtain a signed statement of parentage from the member. If the illegitimate child(ren) is (are) not in the custody of the member parent, the case is treated in accordance with the rules for BAH-DIFF. The same rules apply when applicable to a member-mother not having custody.
B. Support Requirements. The member-parent may claim a dependent child(ren), adopted child(ren), illegitimate child(ren), and stepchild(ren) for BAH purposes. Proof of support for dependents is generally not required. The provisions of subparagraph 260406.A will be applied. The member is entitled to BAH if the member contributes to the support of the dependent(s) and that support is not less than the BAH-DIFF. This includes members entitled to BAH-DIFF and members assigned to single type quarters when the child(ren) is in the physical custody of another person.
DoD Financial Management Regulation Volume 7A, Chapter 26:
B. Nonsupport. A member who fails to support a dependent on whose behalf BAH is received is not entitled to BAH on behalf of that dependent. Recoup for periods of nonsupport or inadequate support. Unless a period of nonsupport or inadequate support was caused as a result of mission requirements of the Service concerned (e.g., remote assignment, deployed, limited access to administrative support and/or financial networks, etc.), or the actions of outside agencies (such as financial institutions, postal service, etc.) over which the member has no control, as determined by Service regulations, the subsequent payment of arrears of support does not entitle a member to BAH on behalf of the dependent for the period of nonsupport or inadequate support. If a member is not entitled to BAH for dependents under any of the subsequent subparagraphs, consider entitlement to without dependents or partial rate BAH under section 2602. NOTE: A member does not avoid the legal responsibility to comply with a court order for support by forfeiting BAH.
Also in same Reg:
260412. Adopted, Illegitimate, and Stepchild(ren). Adopted children, illegitimate children, and stepchild(ren) are primary dependents. As a result, dependency is no longer required for these dependents.
A. Proof of Parentage. A member who claims BAH on behalf of an adopted child, stepchild, or a child born out of wedlock (parents are not married to each other at the time of the child’s birth) must provide proof of parentage as follows:
1. For an adopted child, document showing the member is the child’s
legal parent.
2. For a stepchild, a marriage license showing the member is married to the child’s legal parent and documentation showing that the member’s spouse is the parent of the child.
3. For a child born out of wedlock, a birth certificate with the member name cited is required. If the member name is not stated on the birth certificate, or a court-order, obtain a signed statement of parentage from the member. If the illegitimate child(ren) is (are) not in the custody of the member parent, the case is treated in accordance with the rules for BAH-DIFF. The same rules apply when applicable to a member-mother not having custody.
B. Support Requirements. The member-parent may claim a dependent child(ren), adopted child(ren), illegitimate child(ren), and stepchild(ren) for BAH purposes. Proof of support for dependents is generally not required. The provisions of subparagraph 260406.A will be applied. The member is entitled to BAH if the member contributes to the support of the dependent(s) and that support is not less than the BAH-DIFF. This includes members entitled to BAH-DIFF and members assigned to single type quarters when the child(ren) is in the physical custody of another person.
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SPC (Join to see)
Thank you SFC! I've been to DEERS multiple times and each time received different information or requirements. The last two I've been to told me that I need a voluntary acknowledgement of paternity form in South Carolina. My name are on all of my kids birth certificates and I have the originals and ss cards. I'm trying to finally get this resolved because I'm only an E-2 at the same time sending money home to them, paying bills and paying child support for my oldest son.
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SFC Josh Weatherbie
SPC (Join to see)
I see! So they are not accepting the birth certificates? Are you currently married to the children’s mother? Is there a court order for child custody/visitation if not? I’m pretty sure your COC may need to get involved if you are having this much of a problem. Where are you assigned? You can PM me if you wish to remain quiet about the post.
I see! So they are not accepting the birth certificates? Are you currently married to the children’s mother? Is there a court order for child custody/visitation if not? I’m pretty sure your COC may need to get involved if you are having this much of a problem. Where are you assigned? You can PM me if you wish to remain quiet about the post.
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SFC Josh Weatherbie - My apologies for the late response. I've been trying to find a way to pm you but it doesn't matter. I'm currently in south Korea. I have about 5 months left here then I'm projected to go to fort Stewart. To answer your question, I'm not married and there is no court order involved.
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https://scdhec.gov/vital-records/vital-records-paternity-and-legitimation
https://www.scha.org/files/paternity_acknowledgments_2013.pdf
Did you even Google it at all? I found those two with a quick search of "acknowledgement of paternity form for South Carolina."
https://www.scha.org/files/paternity_acknowledgments_2013.pdf
Did you even Google it at all? I found those two with a quick search of "acknowledgement of paternity form for South Carolina."
Vital Records: Paternity and Legitimation | SCDHEC
If there is not a father listed on your child's birth certificate and you were not married at the time of your child's birth or anytime during the pregnancy but later marry the father and want to have his name added to your child's birth certificate, you can request what is called a 'legitimation' of birth. Legitimation is a legal process that establishes the father of a child born out of wedlock as the child's legal father.
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Thank you SFC. Yes I googled it and found the samething. I appreciate you taking your time search it also. I was told by a DEERS employee that I should be able to find the form itself online.
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SFC Kelly Fuerhoff
SPC (Join to see) - Is the PDF not the form? Or doesn't have it linked inside of it? I thought I saw a link to the form somewhere in one of those two.
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SFC Kelly Fuerhoff - Thank you again , but its basically just steps. I believe its just telling me what I need. Its 33 pages and it shows a picture of the form but not the actual form.
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