Can I get single rate BAH?

2018-07-26T13:15:06-04:00

I am about to PCS to Fort Drum and will have visitation rights with my son and I pay child support. I am a specialist and will be forced to live in the barracks but I need somewhere to bring my son for visitation. Will I be able to live in housing and collect single rate BAH?

Response by SFC Private RallyPoint Member made Jul 26 at 2018 1:20 PM

2018-07-26T13:20:54-04:00

"35. I am 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."

https://www.defensetravel.dod.mil/site/faqbah.cfm#Q1

I also found this on another RP question:

"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."
http://www.hood.army.mil/dpw/housing/Files/FSBP_FAQs.pdf

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Response by MSG Johnathan Mathes made Jul 26 at 2018 2:07 PM

2018-07-26T14:07:09-04:00

sounds like a good question for the personnel action clerk.. or your s-1... you might get bogus info here

Response by SGT Private RallyPoint Member made Jul 26 at 2018 2:54 PM

2018-07-26T14:54:10-04:00

I am unsure of the specifics of the situation, however there is a SPC in my S6 office that has 50/50 custody at the schedule of 2 weeks on 2 weeks off. I helped her move out of the barracks the day she started receiving BAH for the situation.

Once again I do not know of the specifics, I try not to pry more then necessary in order to do my job. But simply asking her for updates from time to time seems to motivate her.

Response by SSG Michael Hathaway made Jul 26 at 2018 4:03 PM

2018-07-26T16:03:10-04:00

I can't find in the regs, but I did have a soldier ETS out last fall and was received back pay BAH due to a then recent change. He only has partial custody, 1 weekend a month, 1 month a year basically. But BAH apparently changed within the last year or so to the extent that you apparently do not have to have 51% custody to get BAH. I fully support this as single parents without BAH that have partial/joint custody would otherwise have to dish out money to get a hotel room when their child visits taxing a typically tight budget. If I could find the change DFAS indicated, I would post it. I'll search some more tonight.

Response by SSG Private RallyPoint Member made Jul 27 at 2018 12:26 AM

2018-07-27T00:26:59-04:00

Do u have court orders stating 50% custodian

Response by COL Charles Williams made Jul 27 at 2018 12:59 AM

2018-07-27T00:59:33-04:00

SPC Private RallyPoint Member It is about who has legal custody.

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.

https://www.defensetravel.dod.mil/site/faqbah.cfm#Q35

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Response by LTC Private RallyPoint Member made Nov 25 at 2018 10:31 PM

2018-11-25T22:31:48-05:00

My understanding is if you even have 1 day of custody you get BAH with dependents because you cant have your kids in the Barracks.

Response by WO1 Private RallyPoint Member made Sep 4 at 2019 9:46 PM

2019-09-04T21:46:21-04:00

If you have any type of visitation or custody of your child you will get BAH with dependents. I know from experience from my first divorce when they tried to take it from me back in 2010. You are authorized full BAH with dependents and BAS.

Response by SSG Private RallyPoint Member made Apr 27 at 2020 7:49 PM

2020-04-27T19:49:33-04:00

If you do not have physical custody of your child for more than 50% of the year, you are not entitled to receive BAH.