Posted on Feb 11, 2020
Do I qualify for BAH w/Dependents given that I have a dependent and my spouse is in a totally different state?
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My situation is complicated but I got a call from S1 saying that I may no longer qualify for BAH w/dependents. When I joined the Army, I was married to a civilian but I have a child from a previous relationship. My spouse did not move with me to my current duty station because we considering divorce at the time and my son stayed behind as well because his dad and other family were all in the same city so there was more support there at that time. I was moved into quarters and paid BAH; essentially a geo-bachelor. We decided to divorce and I am now re-married to a service member of another branch who is currently in another state. S1 is saying that I may not qualify for BAH and I am super confused. Not only do I actually have a dependent, my spouse in a totally different state.
BAH
Housing
Human Resources Clerk (S1)
Finance
Posted 5 y ago
Responses: 6
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You have a dependent, but your dependent doesn't live with you at least 50% of the time. The other way to be eligible for BAH w/dependents rate is to be paying child support. If it's less than the amount of BAH DIFF then you receive BAH DIFF and live in the barracks. If it's more than BAH DIFF then you get the full rate, are required to be out of the barracks, and support your dependent.
Most Army bases have a local policy requiring E5 and below who are separated from the dual military spouse to stay in the barracks. I don't know why and I've never found a regulation to support it, but that is what happens.
Most Army bases have a local policy requiring E5 and below who are separated from the dual military spouse to stay in the barracks. I don't know why and I've never found a regulation to support it, but that is what happens.
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If you are married to a service member that is in a different state, you are considered a geo-bachelor and are not entitled to BAH. If you physically have custody of your son and there is a court order awarding you custody of the child, you are entitled to the BAH/W Dependents rate. If you do not have physical custody or a court order awarding you custody, you are not entitled to BAH.
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SSG (Join to see)
SPC (Join to see) - is the child currently with you? If the answer is "NO", then you are not entitled to receive BAH. If the child is currently residing with the biological father, then you may actually be required to pay child support.
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BAH: Basic Allowance for Housing.
The government is required to ensure you have quarters to live in. They have decided to extend the requirement to include your family.
They have provided you housing - you live in quarters. They have provided your spouse housing; either quarters, barracks, or BAH. Which leaves your child. When you say quarters, I assume you do not mean barracks, but instead a housing unit with multiple bedrooms. If that is the case, they have also provided housong for the child. Whether you choose to utilize that or work some other arrangement with the other parent is your choice, but creates no burden on the government to provide you financial renumeration for your decision.
Additionally, if you do not have court ordered custody, the government can choose to move you out of quarters and into barracks. (At that point you should recieve BAH diff, provided the child is a registered dependent w/DEERS).
Regardless of ALL of that, you are still required to provide adequate support for your child (which, in the case above where the child is living with father, would essentially mean a mandatory child support payment, even if the court has not ordered one).
The government is required to ensure you have quarters to live in. They have decided to extend the requirement to include your family.
They have provided you housing - you live in quarters. They have provided your spouse housing; either quarters, barracks, or BAH. Which leaves your child. When you say quarters, I assume you do not mean barracks, but instead a housing unit with multiple bedrooms. If that is the case, they have also provided housong for the child. Whether you choose to utilize that or work some other arrangement with the other parent is your choice, but creates no burden on the government to provide you financial renumeration for your decision.
Additionally, if you do not have court ordered custody, the government can choose to move you out of quarters and into barracks. (At that point you should recieve BAH diff, provided the child is a registered dependent w/DEERS).
Regardless of ALL of that, you are still required to provide adequate support for your child (which, in the case above where the child is living with father, would essentially mean a mandatory child support payment, even if the court has not ordered one).
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SSG (Join to see)
SPC (Join to see) - Why are you paying rent to MWR? MWR does not deal with housing. Also, if you are currently in the barracks, but have a court order for sole custody, you may want to have that amended to have your mother as the primary guardian for the child.
Ive seen this happen, not saying it going to, but because you are considered a single parent and are not caring for the child, the Father can petition the court for emergency custody as you are not providing living arrangements for the child. if there is nothing in writing placing your mother as the legal guardian, she has no legal right to make decisions for the child, whether that be medical or financial.
You still need to start paying child support for the child.
Ive seen this happen, not saying it going to, but because you are considered a single parent and are not caring for the child, the Father can petition the court for emergency custody as you are not providing living arrangements for the child. if there is nothing in writing placing your mother as the legal guardian, she has no legal right to make decisions for the child, whether that be medical or financial.
You still need to start paying child support for the child.
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SPC (Join to see)
I DO pay money for my son but that’s not the point of the post at all. Idk why everyone’s getting hung up there. I’ve already worked my situation out at JAG as far as legal custody and child support goes. That’s not the issue. The issue is that if I end up with BAH w/o dependents it’s going to effect my living situation even tho my son is not with me. When I got here, I was given the option to move into this housing (it’s thru the Travel Camp which belongs to MWR) or live in a house by the CSM. This entire floor belongs to another entity and isn’t considered part of the barracks and there also aren’t any barracks rooms available at the moment because there are only 20 of them in total. The point is this, I can literally go pick my son up and take him to my spouse today (but I can’t bring him with me because there are no houses available at this point and town is 30 miles away) and I don’t understand the change in my situation other than being married to a service member instead of a civilian now. We were in 3 different locations before for 3+ years so I’m not understanding the change
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SFC Casey O'Mally
SPC (Join to see) I'm confused. You said you were in the barracks, but now you aren't? If you want accurate advice, you need to give accurate information.
As a geo bachelor, you are entitled to a barracks room. As a parent w/out physical custody (I.e. child does not live with you), you are entitled to BAH diff. You should be given a room and BAH diff.
If there are no rooms, then they give you BAH to pay for your own room. This is regardless of your marital status or number of dependents.
Once your divorce was finalized, you should have either A) moved into the barracks, or B) done new BAH paperwork. If the new BAH paperwork did not happen, then yes, you will lose your BAH. If your BAH paperwork is up to date, and the Command has authorized you to live in a location other than the barracks, IN WRITING, then you will not lose your BAH.
Going back to my very first post in the reply. The government is required to provide you with housing. This can be the barracks (which it SHOULD be in your situation), government provided housing (to include military lodging facilities) paid for by the government, or BAH to allow you to pay for non-government quarters. They cannot take away your BAH without giving you a different housing alternative.
Additionally, in most installatios, 30 miles is within an acceprable distance from base. That should not prevent you from having your child with you. Your base housing office can provide better details.
Finally, what installation has only 20 total barracks rooms?
As a geo bachelor, you are entitled to a barracks room. As a parent w/out physical custody (I.e. child does not live with you), you are entitled to BAH diff. You should be given a room and BAH diff.
If there are no rooms, then they give you BAH to pay for your own room. This is regardless of your marital status or number of dependents.
Once your divorce was finalized, you should have either A) moved into the barracks, or B) done new BAH paperwork. If the new BAH paperwork did not happen, then yes, you will lose your BAH. If your BAH paperwork is up to date, and the Command has authorized you to live in a location other than the barracks, IN WRITING, then you will not lose your BAH.
Going back to my very first post in the reply. The government is required to provide you with housing. This can be the barracks (which it SHOULD be in your situation), government provided housing (to include military lodging facilities) paid for by the government, or BAH to allow you to pay for non-government quarters. They cannot take away your BAH without giving you a different housing alternative.
Additionally, in most installatios, 30 miles is within an acceprable distance from base. That should not prevent you from having your child with you. Your base housing office can provide better details.
Finally, what installation has only 20 total barracks rooms?
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SPC (Join to see)
I’m at Yuma Proving grounds. But I’m a medic that works in a clinic that’s a detachment of Ft. Irwin.... The first floor rooms literally belong to another entity and are not subject to inspection or anything from the regular command. They are treated as separate housing. The same entity who owns the trailer park on post (where a lot of retirees settle) is the entity who owns this bottom floor. I have to physically go over and pay rent and my neighbors are all contractors and civilians. That’s why I keep saying it’s complicated. I personally don’t fully understand all of the politics but whenever I need things fixed in my room, I call a totally different office than those who stay on the 2nd and 3rd floor. So I basically live in the same housing as the contractors and I’ve received BAH w/dependents this entire time. The only change is that I used to be married to a civilian and now I’m married to a service member. I haven’t moved, my son’s situation hasn’t changed either. At this point, I’m probably just going to call DFAS because there’s too many intricacies to my situation that don’t seem to be the norm
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