Is obtaining joint custody in a divorce a valid justification to start receiving BAH (and moving out of the barracks)?

2016-02-05T02:50:17-05:00

I am recently divorced, and my ex wife and I have split custody of my daughter though she has residential rights. The question is this: Am I authorized to move off post with BAH at the with dependant rate so I can get my visitations or am I trapped in the barracks? I've heard conflicting thoughts, and my unit shop doesn't seem to have an answer.

Any insight would be great.

Response by MAJ Private RallyPoint Member made Feb 5 at 2016 6:32 AM

2016-02-05T06:32:49-05:00

Provide proof of custody to Finance and your chain of command. I am not sure what you mean by residential rights. If that means she would never stay with you, the answer is probably no to moving off base. You would receive partial BAH to provide child support however.

Response by TSgt Joshua Copeland made Feb 5 at 2016 7:34 AM

2016-02-05T07:34:13-05:00

I cant speak directly about the Army but I have seen on the AF side that If she is registered as a dependent in DEERs and the divorce decree or court ordered custody documents give you at least custodial visitation, you would be allowed dependent rate BAH.

Response by SGT Ben Keen made Feb 5 at 2016 8:15 AM

2016-02-05T08:15:39-05:00

While I got divorced after my ETS and I'm far from an expert in this stuff, I would under the circumstances the unit would almost have to give you housing. Personally, when I went through my divorce and custody hearings, the judge required both my ex and I to show proof of a good, clean, healthy, living situation for both our kids. I had to provide pictures of my apartment to the judge.

Now, if SPC Private RallyPoint Member is required under NY State Law to do the same, I would like the barracks would not pass. Let's face it, barracks are not place for kids. In my experience most E4 and below shared a room with another service member and things like that so I would not classify the barracks as a "good, clean, healthy" environment for children.

My question to SPC Martin is, have you discussed this with your first line supervisor? What steps have you taken at your unit level to at least get eyes on this situation?

Response by SGT Private RallyPoint Member made Feb 5 at 2016 11:27 PM

2016-02-05T23:27:12-05:00

I just did this etp exception to policy packet on fort Carson. Divorce decree, have to have 50% physical custody. On your decree it will say a number of overnights that child will have with you I believe it's minimum of 180 days. And then it will go thru your unit to battalion to brigade for all signatures. This will only get you single rate just FYI you have to be primary to receive dependent rate. Trust I did this packet twice one in Hawaii 2013 and I redid it last month here on fort Carson

Response by MSG Private RallyPoint Member made Dec 26 at 2019 6:54 PM

2019-12-26T18:54:01-05:00

I have a guy with 49% custody. Took a memo signed by company commander for the ETP, done. Can't expect you to host your kid in the barracks.