Posted on May 28, 2019
What do dual-military members get for BAH when they have children and are not co-located?
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I am Active Duty E5, in the Army, and my husband is Active Duty E4, in the Marine Corps. We are currently stationed apart, and up until this past weekend both of us were living in our separate barracks. I am 28 weeks pregnant and completed the process to begin receiving BAH for myself and the baby. Up until now, I was under the impression that I would receive the w/o dependant rate until the baby was born, and after the baby is born I will receive the w/ dependent rate, and upon the baby's birth my husband will also begin receiving BAH at the w/o dependants rate, (due to the baby living primarily with me). Now, my S1 is the kind of S1 that doesn't answer questions for us, they make us look it up for ourselves and then tell us if we're right. So, I was under the impression that I was right, due to the phrasing of the regulation. But, upon completing my BAH packet today with the housing office I asked one of the main guys that work there and he told me that my husband would NEVER be entitled to BAH (while we are stationed apart), even after the baby is born. I can't see how this would be possible, my husband and I would obviously BOTH have 100% custody of the child, I just will be the primary caregiver. We still plan to visit him and the baby will eventually live with him while I deploy, so he should be able to create a home for his family... right? The guy said no, that the military wants to save money so only one of us will receive BAH and when/if the baby ever does go to permanently stay with him THEN he will have to begin the BAH process.
I'm hoping maybe a 42 series with more knowledge on this subject, or maybe someone who is also dual-military, stationed apart, with children, could answer this question for me. I THINK I'm reading the reg right, but I know with BAH a lot can be at the commander's discretion, or up to the base policy.
I'm hoping maybe a 42 series with more knowledge on this subject, or maybe someone who is also dual-military, stationed apart, with children, could answer this question for me. I THINK I'm reading the reg right, but I know with BAH a lot can be at the commander's discretion, or up to the base policy.
Dual Military
BAH
Housing
Dependents
Finance
Posted 5 y ago
Responses: 4
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Here is what you need to know. Whoever the child lives with, is who is entitled to BAH at the "with dependent" rate. The other Service Member will not be entitled to BAH since you are both active Service Members, neither of you are "dependents" of the other.
I just went though this same thing less than 2 months ago when I married an Army Service Member of the same rank. I had always been told that "the higher rank will receive BAH at the 'with dependent' rate" which is no longer true. We live together and we both receive BAH at the "without dependent" rate, BUT housing takes the "with dependent" rate from her paycheck since she was promoted a month before me, so I have to reimburse her with the BAH I receive at the "without dependent" rate.
The Army got rid of "geo bachelors" as someone already stated, and you are correct in your comment below where you quoted, "we are not entitled to anything unless single Soldiers, of our rank, are entitled to the same.". You can always apply for an exception to policy through your command team with a justification on a 4187 but it sounds like you are being taken care of.
Since you and your husband are separated, you are the only one that should be receiving any type of BAH. Your husband cannot claim you as a dependent since you are also a service member and he will not be able to claim the kid since the kid will be living with you, in your house, paid for with your BAH at the "with dependent" rate while you and your husband are separated."
HAVING SAID ALL OF THAT... if your husband were ever to get stationed with you and reside in the same house as you, I have no clue how it would work being different service branches, but if you were both Army, he would receive BAH at the "without dependent" rate while you would still receive BAH at the "with dependent" rate.
I just went though this same thing less than 2 months ago when I married an Army Service Member of the same rank. I had always been told that "the higher rank will receive BAH at the 'with dependent' rate" which is no longer true. We live together and we both receive BAH at the "without dependent" rate, BUT housing takes the "with dependent" rate from her paycheck since she was promoted a month before me, so I have to reimburse her with the BAH I receive at the "without dependent" rate.
The Army got rid of "geo bachelors" as someone already stated, and you are correct in your comment below where you quoted, "we are not entitled to anything unless single Soldiers, of our rank, are entitled to the same.". You can always apply for an exception to policy through your command team with a justification on a 4187 but it sounds like you are being taken care of.
Since you and your husband are separated, you are the only one that should be receiving any type of BAH. Your husband cannot claim you as a dependent since you are also a service member and he will not be able to claim the kid since the kid will be living with you, in your house, paid for with your BAH at the "with dependent" rate while you and your husband are separated."
HAVING SAID ALL OF THAT... if your husband were ever to get stationed with you and reside in the same house as you, I have no clue how it would work being different service branches, but if you were both Army, he would receive BAH at the "without dependent" rate while you would still receive BAH at the "with dependent" rate.
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SGT (Join to see)
SGT Nicholas M. - I get the process of the FCP, and the Chapter 13 if I don't comply, I've already picked out my primary and secondary caregivers for the child. It's not that I don't understand that they're proposing we would go back and forth almost "trading" the BAH, but how is that logical?
Obviously I wouldn't be able to afford maintaining a household if I had to forfeit my BAH for 2 weeks while my husband had the child, and I was in the field. In the same sense, how would he be able to afford to drop everything in order to get an apartment for 2 weeks out of the month, when it takes months for BAH paperwork to process... he wouldn't see the BAH until months after I got the child back.
That's why I'm saying this whole thing just doesn't seem logical. I know specifically of a divorced couple, he doesn't have custody of the children, but he receives BAH-diff or BAH partial (I can't remember specifically which one), while living in the barracks, in order to cover part of the cost of child support, and what visitation he is allowed. If he doesn't even have custody of his kids, and at least gets this little bit extra a month, why doesn't my husband?
Under what you're describing, if I went to the field my husband would have to pay upwards of $1800 to have a place for the baby to stay for two weeks, only to "maybe" be reimbursed like $900 by BAH backpay two months down the road. While that is happening, I would lose $700 of my BAH for the month, but still have to pay the $1200 rent that month to have my house there when I get back. Not to mention, they factor our pay grades together for childcare, which is another $700 a month, but we would have $0 after all of these expenses. That's why I was suggesting he would get the "without dependent" rate, and what we would trade back and forth would be the "dependent" part... it would be the difference of like $300 a month, instead of completely losing our BAH. I can't just give up my house when I go to the field, in order for my husband to get BAH for 2 weeks... But we also can't afford for him to just stay in a hotel with the baby while I'm gone either.
If they're going to count us as single for BAH purposes, then they need to count us single in all situations because there's no reason why I should pay the same for childcare as someone who is getting dual-BAH. And, there is no reason why we should have to pay out of pocket for him to see his child, especially if we're not even divorced or separated. Like... I've seen a lot of messed up things since being in the Army, but this whole dual military BAH thing has to be some of the sketchiest stuff I've seen. I see kids raking in BAH all the time and I'm sitting here, an E5 with a child on the way, begging to be able to create somewhat of a life for my child. SMH. I really hope my S1 was right, and the housing guy was wrong.
Obviously I wouldn't be able to afford maintaining a household if I had to forfeit my BAH for 2 weeks while my husband had the child, and I was in the field. In the same sense, how would he be able to afford to drop everything in order to get an apartment for 2 weeks out of the month, when it takes months for BAH paperwork to process... he wouldn't see the BAH until months after I got the child back.
That's why I'm saying this whole thing just doesn't seem logical. I know specifically of a divorced couple, he doesn't have custody of the children, but he receives BAH-diff or BAH partial (I can't remember specifically which one), while living in the barracks, in order to cover part of the cost of child support, and what visitation he is allowed. If he doesn't even have custody of his kids, and at least gets this little bit extra a month, why doesn't my husband?
Under what you're describing, if I went to the field my husband would have to pay upwards of $1800 to have a place for the baby to stay for two weeks, only to "maybe" be reimbursed like $900 by BAH backpay two months down the road. While that is happening, I would lose $700 of my BAH for the month, but still have to pay the $1200 rent that month to have my house there when I get back. Not to mention, they factor our pay grades together for childcare, which is another $700 a month, but we would have $0 after all of these expenses. That's why I was suggesting he would get the "without dependent" rate, and what we would trade back and forth would be the "dependent" part... it would be the difference of like $300 a month, instead of completely losing our BAH. I can't just give up my house when I go to the field, in order for my husband to get BAH for 2 weeks... But we also can't afford for him to just stay in a hotel with the baby while I'm gone either.
If they're going to count us as single for BAH purposes, then they need to count us single in all situations because there's no reason why I should pay the same for childcare as someone who is getting dual-BAH. And, there is no reason why we should have to pay out of pocket for him to see his child, especially if we're not even divorced or separated. Like... I've seen a lot of messed up things since being in the Army, but this whole dual military BAH thing has to be some of the sketchiest stuff I've seen. I see kids raking in BAH all the time and I'm sitting here, an E5 with a child on the way, begging to be able to create somewhat of a life for my child. SMH. I really hope my S1 was right, and the housing guy was wrong.
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SGT Nicholas M.
SGT (Join to see) - First off, let me say I totally understand your frustration and agree when you say the BAH regs covering dual military specifically, are pretty sketchy. This statement, "divorced couple, he doesn't have custody of the children, but he receives BAH-diff or BAH partial (I can't remember specifically which one), while living in the barracks, in order to cover part of the cost of child support, and what visitation he is allowed." Is simply not true in regards to the phrase "in order to cover part of the cost of child support." If your friend is saying this to other SM's, he should probably cease immediately. In no way, shape, or form is Basic Allowance for Housing given to a Soldier to cover child support specifically. What I would guess at is that this SM submitted a 4187 for BAH-Diff or BAH Partial as you said, and his justification could have been anything to the effect of, " I get to see my kid once a week, but I cant have him in the barracks, so please grant me some extra money to rent a hotel once in a while so I can "house" my child when I have him for short periods at a time. NOW if he is deciding to use that extra money that he was granted as an exception to policy for child support, then that is his prerogative, but I can promise you that he is not receiving BAH for the sole purpose of assisting him to pay his child support. The military is not going to actively help pay for mistakes in life choices you decided to make.
The biggest take away from all of this is --- Exception to Policy is at the Commanders discretion. If you present this to your chain of command with a clear and concise plan drawn up regarding your child and potential problems that may arise with dual military, as part of your 4187 request for exception to policy, then a good Commander should grant this, no questions asked (maybe a few). But if you go around like a soup sandwich ranting about how "its just not fair, I should be getting all this government money because I am married and having a kid!" Then its likely that no one is going to care about your situation and just continue to tell you, "sorry, that's the regs". I would almost imagine that's why the regulation is so illogical and convoluted. That way it can be enforced to the max against people that a command team would deem "not worth the effort". So if you are an underperformer and no one wants to stick their neck out for you, then they don't have to because the regulation (no matter how ass-backwards it is) has your answers.
The biggest take away from all of this is --- Exception to Policy is at the Commanders discretion. If you present this to your chain of command with a clear and concise plan drawn up regarding your child and potential problems that may arise with dual military, as part of your 4187 request for exception to policy, then a good Commander should grant this, no questions asked (maybe a few). But if you go around like a soup sandwich ranting about how "its just not fair, I should be getting all this government money because I am married and having a kid!" Then its likely that no one is going to care about your situation and just continue to tell you, "sorry, that's the regs". I would almost imagine that's why the regulation is so illogical and convoluted. That way it can be enforced to the max against people that a command team would deem "not worth the effort". So if you are an underperformer and no one wants to stick their neck out for you, then they don't have to because the regulation (no matter how ass-backwards it is) has your answers.
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SGT (Join to see)
SGT Nicholas M. The problem is with the commanders discretion portion. It sounds like it's a quick 4187, but it's not (take it from someone who's been fighting it for 3 years). It is it's not just the BN CDR or the BDE CDR, it's the p
Post Commanding General who has to approve someone under E6 to get (full) BAH, and that is only after the POST is at over like 80% barracks capacity. My command has tried to go to bat for me many times regarding my husband and I's situation, but it's gotten kicked back every time because the Army would rather save money.
I should have clarified sooner, this Soldier is paying child support to a civilian. Which, BAH-diff is authorized to cover per the JTR. The regulation says it's specifically for "SM assigned to single-type government quarters and who qualifies for a BAH solely due to paying sufficient child support".
It's not really that I'm emotional, or a soup sandwich, about the situation. I've just been fighting the system for so long and it seems like everyone I talk to has a different answer. I've even had to argue with people before before because I've had CDRs, and S1s, tell me I shouldn't be living in the barracks because I should've been getting BAH this whole time. I mean, even look at the comments on this question, there's been like 5 different answers and yours is the only one that says he doesn't get it. Everyone else says he does. The whole dual military BAH program is a soup sandwich.
Post Commanding General who has to approve someone under E6 to get (full) BAH, and that is only after the POST is at over like 80% barracks capacity. My command has tried to go to bat for me many times regarding my husband and I's situation, but it's gotten kicked back every time because the Army would rather save money.
I should have clarified sooner, this Soldier is paying child support to a civilian. Which, BAH-diff is authorized to cover per the JTR. The regulation says it's specifically for "SM assigned to single-type government quarters and who qualifies for a BAH solely due to paying sufficient child support".
It's not really that I'm emotional, or a soup sandwich, about the situation. I've just been fighting the system for so long and it seems like everyone I talk to has a different answer. I've even had to argue with people before before because I've had CDRs, and S1s, tell me I shouldn't be living in the barracks because I should've been getting BAH this whole time. I mean, even look at the comments on this question, there's been like 5 different answers and yours is the only one that says he doesn't get it. Everyone else says he does. The whole dual military BAH program is a soup sandwich.
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SGT Nicholas M.
SGT (Join to see) - Haha I absolutely agree. I am only speaking from very very recent experience like I said. I just applied for an exception to policy because my wife is PCS'ing to Korea in 2 weeks and we have a house full of stuff because we just got married 2 months ago and I go TDY en-route PCS to Ft. Jackson in 2 months. So I had to plead to my command team on a 4187 about saving me "undue hardship" by authorizing me the "with dependent" rate for the next 2 months so I don't have to move all my household goods into storage and move into the barracks (since I would technically be considered "single" for not being co-located with my spouse) for 2 months and then pick everything up from storage so the movers can take it. But before all that, when we got married, everyone kept telling us that our BAH request forms had to request one at the "with dependent" rate and the other "without dependent" rate. Finance called us and broke down the whole "You aren't a dependent since you are a service member and vice versa" and then went further into the whole "not co-located, then you are treated like other single Soldiers of the same rank". So I would assume (I know, that's just asking for trouble) that I have some pretty up-to-date information regarding Exceptions to Policy, submitting 4187's and the BAH model. Results may vary.
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I think you meant that your husband holds the rank of Corporal, as a Non-Commissioned Officer of Marines. Good luck with the baby.
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The Army did away with Geographical Bachelor so you should have been receiving BAH without dependent. I'm not sure what the Marines policy is but I have included the information for Army.
Although you are married and will share custody both of you will never receive BAH W/Dep, only one can claim the child in DEERS. If you’re not living in the same household, you both won’t have 100% custody. You’ll be the custodial parent which means the child will reside with you so you’ll have custody over 50% of the time. I hope this helps you with what you’re trying to do. Print out the below article and take this to your S1 and Platoon Sergeant. You should have been allowed to move out of the barracks once you got married.
Good Luck to you.....
https://www.thebalancecareers.com/army-announces-end-to-geographic-bachelors-3353934
Although you are married and will share custody both of you will never receive BAH W/Dep, only one can claim the child in DEERS. If you’re not living in the same household, you both won’t have 100% custody. You’ll be the custodial parent which means the child will reside with you so you’ll have custody over 50% of the time. I hope this helps you with what you’re trying to do. Print out the below article and take this to your S1 and Platoon Sergeant. You should have been allowed to move out of the barracks once you got married.
Good Luck to you.....
https://www.thebalancecareers.com/army-announces-end-to-geographic-bachelors-3353934
Army Announces End to Geographic Bachelors
The Army announced an end to the geographic bachelor program. Soldiers drawing a housing allowance who have dependents can no longer live in barracks.
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SGT (Join to see)
Thanks SFC, but I've already fought for almost 3 years for BAH. Due to the new phrasing of the reg Dual Military cannot be defined as "Geo-Bachelors" we are now "Non-Co-Located" so we are not entitled to anything unless single Soldiers, of our rank, are entitled to the same. We are treated both as single SMs.
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SFC (Join to see)
I will do some research and see what I can find out. I know too many service members in your same situation who are receiving BAH and have been for a while...SGT (Join to see)
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CPT Lawrence Cable
SGT (Join to see) - That's true, but that still should mean that you are both receiving BAH at the non dependent rate for your rank. Once the baby is born, you being the higher rank, yours should go to BAH w/Dependent. Remember that the military can provide you quarters in lieu of BAH as long as those quarters meet that criteria for your rank. Living on the economy always requires Command permission.
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