Posted on Nov 24, 2015
I'm a single E-5 with a dependent and 51% custody. My S1 said that's enough to get BAH. DMPO says otherwise. Anyone know the reg or policy?
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Dmpo says I need to be the sole custodial parent legally if I want bah. I find this all ridiculous. But I'm trying to cover myself from getting robbed months down the road.
BAH
Dependents
Posted 9 y ago
Responses: 16
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"Divorced with children, what is my BAH allowance?"
It depends on whether or not you have legal and physical custody of your children, pay child support, and/or live in single-type Gov’t quarters. If you have legal and physical custody of your children, then you are authorized BAH at the with-dependent rate if not assigned adequate family-type Gov’t quarters. If your former spouse has custody and you are paying adequate child support (at least in an amount of your BAH-DIFF rate) you are authorized BAH at the with-dependent rate if not in Gov’t quarters or BAH-DIFF if assigned single-type Gov’t quarters.
"Service member who is divorced from another Service member and shares legal custody of the child/children with the former spouse. May both members receive BAH with dependents?"
No, both members may not receive a housing allowance based on the same dependent. When the former spouses share legal and physical custody of the child, each parent is authorized BAH at the with-dependent rate during the period the child is actually in the parent's physical custody. Both parents may not receive a housing allowance for the child during the same period. The rules governing member to member BAH are are found in the JTR, Ch 10, Part C.
"May I receive BAH if I am a Service member divorced from another Service member and do not have legal or physical custody of the child/children, but I am required to pay the former spouse child support?"
No, A member is not authorized BAH or OHA solely on the basis of the member's child support payment when the child/children is/are in another active duty member's custody (including a former spouse), who is assigned to Gov’t owned/leased family-type quarters (does not include privatized quarters) or is in receipt of a with-dependent housing allowance on behalf of the child/children. For more information, see JTR, pars. 10120, 10122, 10124, 10126 and 10206.
It depends on whether or not you have legal and physical custody of your children, pay child support, and/or live in single-type Gov’t quarters. If you have legal and physical custody of your children, then you are authorized BAH at the with-dependent rate if not assigned adequate family-type Gov’t quarters. If your former spouse has custody and you are paying adequate child support (at least in an amount of your BAH-DIFF rate) you are authorized BAH at the with-dependent rate if not in Gov’t quarters or BAH-DIFF if assigned single-type Gov’t quarters.
"Service member who is divorced from another Service member and shares legal custody of the child/children with the former spouse. May both members receive BAH with dependents?"
No, both members may not receive a housing allowance based on the same dependent. When the former spouses share legal and physical custody of the child, each parent is authorized BAH at the with-dependent rate during the period the child is actually in the parent's physical custody. Both parents may not receive a housing allowance for the child during the same period. The rules governing member to member BAH are are found in the JTR, Ch 10, Part C.
"May I receive BAH if I am a Service member divorced from another Service member and do not have legal or physical custody of the child/children, but I am required to pay the former spouse child support?"
No, A member is not authorized BAH or OHA solely on the basis of the member's child support payment when the child/children is/are in another active duty member's custody (including a former spouse), who is assigned to Gov’t owned/leased family-type quarters (does not include privatized quarters) or is in receipt of a with-dependent housing allowance on behalf of the child/children. For more information, see JTR, pars. 10120, 10122, 10124, 10126 and 10206.
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Is your child listed as a dependent in DEERS? If you have dependents, you should get BAH w/dependents.
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SSG (Join to see)
If there is a divorce decree or a court order that specifically point you as 51% custodian of the child, or if the court order said that you will have your dependent with you over the summer, that alone is base to obtain BAH, now if your dependents are enrolled in deers you are entitled to BAH with depends. I recommend you to prepare your DA 5960, and add all the necessary documents I.e. Birth certificate of the child, divorce decree, and/or court orders (only originals) and let your S1 process your paperwork for your BAH
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SFC (Join to see)
Just because your child is in Deers does not mean you get child support remember the two systems don't talk... The if you are paying any child support at all you don't have custody crazy enough a man has to show more proof than a woman and a court order is the only document that can show that I deal with these cases all the time
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Dependent must live with you (have custody) AND you provide 51% of the financial support. A notarized letter declaring the above statement and signed by both parents should suffice for DMPO. I am assuming you are male because if you were female you would have never had this problem.
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