Can a divorced soldier with part time custody of kids stay off post?

SGT Private RallyPoint Member — Sat, 03 Jan 2015 18:15:49 -0500

So here is my question, I know a soldier, E-5, married, getting ready to go through a divorce, but he has joint custody of a child from previous marriage. The soldier does not have the child for 51% of the year, maybe total visitation time of 3 months. The child lives with mother in another state, really far away. Will the soldier be allowed to stay off post in an apartment so his daughter has a place to stay while she is with him? If not, where is the soldier and the child supposed to stay when the child is with the soldier for the summer and holidays? If

Response by LTC David S. Chang, ChFC®, CLU® made Jan 3 at 2015 6:21 PM

LTC David S. Chang, ChFC®, CLU® — Sat, 03 Jan 2015 18:21:37 -0500

A big part of it is whether or not they are dependents. If they are, they will get certain benefits such as extra money and such. But generally speaking both parents cannot claim the same person as dependents, especially for tax purposes. Do you know if the kids are dependents of the SM?

Response by SSG Private RallyPoint Member made Jan 3 at 2015 6:23 PM

SSG Private RallyPoint Member — Sat, 03 Jan 2015 18:23:45 -0500

Yes the kids are his dependents...if they are his biological kids, he can stay off base and receive BAH

Response by SSG Tim Everett made Jan 4 at 2015 1:20 AM

SSG Tim Everett — Sun, 04 Jan 2015 01:20:52 -0500

I don't know what the rules are now, but when I was in, if you had kids, whether they lived with you or not, you lived in housing or off-post.

Response by CSM Michael J. Uhlig made Jan 4 at 2015 12:33 PM

CSM Michael J. Uhlig — Sun, 04 Jan 2015 12:33:17 -0500

Its been my experience that the NCO would be authorized quarters, you just have to work with the housing office. Its best to bring the documentation with him, a divorce decree which describes the amount of visitation he has with the child/children. Many times the employees in the housing office are either retirees or family members and normally willing to help, just bring the court documents to cover your 6 (and theirs as well).

Response by SGT(P) Private RallyPoint Member made Jan 5 at 2015 2:01 AM

SGT(P) Private RallyPoint Member — Mon, 05 Jan 2015 02:01:06 -0500

The soldier will not be authorized BAH unless he has custody of the child for 181 consecutive days a year. He will be authorized BAH-Diff, even if he's in the barracks, to help with child support payments.

Exceptions to policy can sometimes be made, but for the soldier to receive full BAH, he will have to receive a Certificate of Non-Availability signed by the garrison commander. This is pretty much impossible to get unless the soldier's chain of command is willing to work with him.

Most soldiers I know in this situation rent a house or apartment off post with a roommate they trust, so that the child can stay with them during the summer. It's going to cost the soldier out of his basic pay, though.

Other options I've seen is if the divorce is amicable, soldiers and spouses will agree to "creative" wording in the divorce agreement that implies the soldier is entitled to 181 days of physical custody a year. This often gets around the BAH struggles, and it leaves the option open to the soldier that if they ETS or PCS to a location closer to the child and the child's mother, they will truly be able to enjoy full joint custody instead of just visitation without having to return to court to renegotiate the custody settlement.

Tell your soldier to hire a family lawyer, preferably one somewhat versed in military regulations.

http://www.hood.army.mil/dpw/housing/Files/FSBP_FAQs.pdf
http://www.defensetravel.dod.mil/site/faqbah.cfm#Q29