Do I qualify for BAH w/Dependents given that I have a dependent and my spouse is in a totally different state?

2020-02-11T18:01:07-05:00

My situation is complicated but I got a call from S1 saying that I may no longer qualify for BAH w/dependents. When I joined the Army, I was married to a civilian but I have a child from a previous relationship. My spouse did not move with me to my current duty station because we considering divorce at the time and my son stayed behind as well because his dad and other family were all in the same city so there was more support there at that time. I was moved into quarters and paid BAH; essentially a geo-bachelor. We decided to divorce and I am now re-married to a service member of another branch who is currently in another state. S1 is saying that I may not qualify for BAH and I am super confused. Not only do I actually have a dependent, my spouse in a totally different state.

Response by MSG Private RallyPoint Member made Feb 11 at 2020 6:18 PM

2020-02-11T18:18:28-05:00

Give this number a call STAT:

https://militarypay.defense.gov/Contact.aspx

Military Pay and Benefits Website sponsored by the Office of the Under Secretary of Defense for Personnel and Readiness

Response by SSG Private RallyPoint Member made Feb 11 at 2020 6:58 PM

2020-02-11T18:58:36-05:00

If you are married to a service member that is in a different state, you are considered a geo-bachelor and are not entitled to BAH. If you physically have custody of your son and there is a court order awarding you custody of the child, you are entitled to the BAH/W Dependents rate. If you do not have physical custody or a court order awarding you custody, you are not entitled to BAH.

Response by SFC Casey O'Mally made Feb 11 at 2020 7:26 PM

2020-02-11T19:26:25-05:00

BAH: Basic Allowance for Housing.
The government is required to ensure you have quarters to live in. They have decided to extend the requirement to include your family.
They have provided you housing - you live in quarters. They have provided your spouse housing; either quarters, barracks, or BAH. Which leaves your child. When you say quarters, I assume you do not mean barracks, but instead a housing unit with multiple bedrooms. If that is the case, they have also provided housong for the child. Whether you choose to utilize that or work some other arrangement with the other parent is your choice, but creates no burden on the government to provide you financial renumeration for your decision.
Additionally, if you do not have court ordered custody, the government can choose to move you out of quarters and into barracks. (At that point you should recieve BAH diff, provided the child is a registered dependent w/DEERS).
Regardless of ALL of that, you are still required to provide adequate support for your child (which, in the case above where the child is living with father, would essentially mean a mandatory child support payment, even if the court has not ordered one).

Response by SGT Eric Davis made Feb 11 at 2020 7:34 PM

2020-02-11T19:34:16-05:00

Is your spouse in the military? If so higher rank? You should get BAH with or without dependent depends on the situation.

Response by SFC Private RallyPoint Member made Feb 11 at 2020 8:06 PM

2020-02-11T20:06:43-05:00

https://www.thebalancecareers.com/army-announces-end-to-geographic-bachelors-3353934

Military Puts an End to Geographic Bachelor Program

The military has suspended the past practice of allowing married service members who choose to voluntarily live apart from their families to live in base barracks. Soldiers drawing a housing allowance who have dependents can no longer live in barracks.

Response by SFC Private RallyPoint Member made Feb 11 at 2020 10:03 PM

2020-02-11T22:03:42-05:00

You have a dependent, but your dependent doesn't live with you at least 50% of the time. The other way to be eligible for BAH w/dependents rate is to be paying child support. If it's less than the amount of BAH DIFF then you receive BAH DIFF and live in the barracks. If it's more than BAH DIFF then you get the full rate, are required to be out of the barracks, and support your dependent.

Most Army bases have a local policy requiring E5 and below who are separated from the dual military spouse to stay in the barracks. I don't know why and I've never found a regulation to support it, but that is what happens.