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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Your story is missing something. Is you child a dependent of dual military? If so then one collects for them. If you pay child support and are not mil to mil then according to vol 5 are entitled to dep Bah if you have a place for them to stay.
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SGT (Join to see) , as previous posts have indicated, you must have your children enrolled in DEERS to get BAH.
The common sense on this (which, as we know, often isn't the case in government), if you claim the child on your taxes, you should get the financial support of that child, in whatever form, be it child support from the other parent (if the other parent doesn't have the child nearly the same amount of time as you) or be it appropriate remuneration from the government (in this case the military.)
Since the other parent has 49% custody, I would think that you probably don't get child support. But, as the majority-custody parent, you should be claiming the child on your taxes, so, as long as you have enrolled the child in DEERS, you should be getting BAH for the child.
The common sense on this (which, as we know, often isn't the case in government), if you claim the child on your taxes, you should get the financial support of that child, in whatever form, be it child support from the other parent (if the other parent doesn't have the child nearly the same amount of time as you) or be it appropriate remuneration from the government (in this case the military.)
Since the other parent has 49% custody, I would think that you probably don't get child support. But, as the majority-custody parent, you should be claiming the child on your taxes, so, as long as you have enrolled the child in DEERS, you should be getting BAH for the child.
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I can't fathom that that is correct. I have had MANY sailors work for me that have Joint Custody. In fact I don't event think it needs to be 50% however that part I could be wrong on.
Take your circumstance to the extreme and say that you have 99% custody. How can someone argue that isn't your dependent? And if they say 99% is, what's the line? I'm sure there IS a regulation about this but I can't find one on my cursory search (for the Navy anyways, but I would assume the services are the same on this).
Take your circumstance to the extreme and say that you have 99% custody. How can someone argue that isn't your dependent? And if they say 99% is, what's the line? I'm sure there IS a regulation about this but I can't find one on my cursory search (for the Navy anyways, but I would assume the services are the same on this).
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If you live in the barracks and pay child support you get the differential rate. If you live out in town you get the with dependents rate. Though, for either of those your child must be in DEERS. http://www.military.com/benefits/military-pay/basic-allowance-for-housing/non-locality-bah-payment-rates.html
BAH differential is for Servicemembers with special circumstances like those who live in government housing and pay child support.
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If the defendent is on deeds you get BAH, they can reduce you to partial if you stay in barracks
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