Do I need 51+% physical custody to maintain BAH?

2022-04-25T16:34:35-04:00

Do I need 51% custody to maintain BAH as a single dad? I can’t have my daughter living in a motel during times I can see her

Response by SFC Private RallyPoint Member made Apr 25 at 2022 5:14 PM

2022-04-25T17:14:32-04:00

You need to be court ordered to pay child support that is greater than the amount of BAH DIF. For most people that's between 300 and 400 a month.

That's for CONUS. For OCONUS you must have primary custody to receive BAH for your dependents

Response by SFC Private RallyPoint Member made Apr 25 at 2022 5:16 PM

2022-04-25T17:16:34-04:00

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#:~:text=When%20the%20former%20spouses%20share,child%20during%20the%20same%20period.

Anything I've ever seen is that you have to have 51% custody to get BAH with dependent rate. If it's less than that you get BAH DIFF it seems.

faqbah.cfm%23:~:text=When%2520the%2520former%2520spouses%2520share

Response by CPT Private RallyPoint Member made Apr 25 at 2022 7:34 PM

2022-04-25T19:34:53-04:00

https://www.defensetravel.dod.mil/site/faqbah.cfm#:~:text=BAH%2DDIFF%20is%20the%20housing,than%20the%20BAH%2DDIFF%20amount.

You can look it up here. I get BAH with Dependents and pay child support. If you have any questions you can ask your legal team at your unit. As long as you are paying over your BAH-Dif. As soon as I had to submit my divorce decree my unit left my BAH in place. If you are caught getting full BAH then you will have to pay it back.

faqbah.cfm%23:~:text=BAH%252DDIFF%2520is%2520the%2520housing