I'm a single E-5 with a dependent and 51% custody. My S1 said that's enough to get BAH. DMPO says otherwise. Anyone know the reg or policy?

SGT Private RallyPoint Member — Tue, 24 Nov 2015 18:36:11 -0500

Dmpo says I need to be the sole custodial parent legally if I want bah. I find this all ridiculous. But I'm trying to cover myself from getting robbed months down the road.

Response by SGT Kristin Wiley made Nov 24 at 2015 7:27 PM

SGT Kristin Wiley — Tue, 24 Nov 2015 19:27:11 -0500

Is your child listed as a dependent in DEERS? If you have dependents, you should get BAH w/dependents.

Response by PO3 Private RallyPoint Member made Nov 25 at 2015 8:01 AM

PO3 Private RallyPoint Member — Wed, 25 Nov 2015 08:01:06 -0500

the BAH might not all go into your bank though .... I think ...

Response by CPL Randy Bautista made Nov 25 at 2015 9:34 AM

CPL Randy Bautista — Wed, 25 Nov 2015 09:34:13 -0500

If the defendent is on deeds you get BAH, they can reduce you to partial if you stay in barracks

Response by PO1 Private RallyPoint Member made Nov 25 at 2015 10:16 AM

PO1 Private RallyPoint Member — Wed, 25 Nov 2015 10:16:47 -0500

If you live in the barracks and pay child support you get the differential rate. If you live out in town you get the with dependents rate. Though, for either of those your child must be in DEERS. http://www.military.com/benefits/military-pay/basic-allowance-for-housing/non-locality-bah-payment-rates.html

BAH Differential Rates

BAH differential is for Servicemembers with special circumstances like those who live in government housing and pay child support.

Response by LCDR Private RallyPoint Member made Nov 25 at 2015 10:32 AM

LCDR Private RallyPoint Member — Wed, 25 Nov 2015 10:32:26 -0500

I can't fathom that that is correct. I have had MANY sailors work for me that have Joint Custody. In fact I don't event think it needs to be 50% however that part I could be wrong on.

Take your circumstance to the extreme and say that you have 99% custody. How can someone argue that isn't your dependent? And if they say 99% is, what's the line? I'm sure there IS a regulation about this but I can't find one on my cursory search (for the Navy anyways, but I would assume the services are the same on this).

Response by MCPO Private RallyPoint Member made Dec 1 at 2015 9:33 AM

MCPO Private RallyPoint Member — Tue, 01 Dec 2015 09:33:20 -0500

"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.

"Service member who is divorced from another Service member and shares legal custody of the child/children with the former spouse. May both members receive BAH with dependents?"
No, both members may not receive a housing allowance based on the same dependent. When the former spouses share legal and physical custody of the child, each parent is authorized BAH at the with-dependent rate during the period the child is actually in the parent's physical custody. Both parents may not receive a housing allowance for the child during the same period. The rules governing member to member BAH are are found in the JTR, Ch 10, Part C.

"May I receive BAH if I am a Service member divorced from another Service member and do not have legal or physical custody of the child/children, but I am required to pay the former spouse child support?"
No, A member is not authorized BAH or OHA solely on the basis of the member's child support payment when the child/children is/are in another active duty member's custody (including a former spouse), who is assigned to Gov’t owned/leased family-type quarters (does not include privatized quarters) or is in receipt of a with-dependent housing allowance on behalf of the child/children. For more information, see JTR, pars. 10120, 10122, 10124, 10126 and 10206.

Response by SGT Christina Barron made Dec 1 at 2015 2:52 PM

SGT Christina Barron — Tue, 01 Dec 2015 14:52:44 -0500

SGT Private RallyPoint Member , as previous posts have indicated, you must have your children enrolled in DEERS to get BAH.

The common sense on this (which, as we know, often isn't the case in government), if you claim the child on your taxes, you should get the financial support of that child, in whatever form, be it child support from the other parent (if the other parent doesn't have the child nearly the same amount of time as you) or be it appropriate remuneration from the government (in this case the military.)

Since the other parent has 49% custody, I would think that you probably don't get child support. But, as the majority-custody parent, you should be claiming the child on your taxes, so, as long as you have enrolled the child in DEERS, you should be getting BAH for the child.

Response by GySgt Private RallyPoint Member made Dec 1 at 2015 6:36 PM

GySgt Private RallyPoint Member — Tue, 01 Dec 2015 18:36:59 -0500

I wasn't in the Army but the answer you got from your S1 sounds uninformed. What does 51% custody even mean? That does not exist and no court assigns custody like that. You cannot have physical custody but assigned 49% custody. Did you go to a custody hearing and get this assigned? Did you get a paternity test? If the child was born from your genes, all you should need is a copy of the birth certificate to prove that the child is yours.

Response by TSgt Private RallyPoint Member made Dec 3 at 2015 7:00 AM

TSgt Private RallyPoint Member — Thu, 03 Dec 2015 07:00:59 -0500

Dependent must live with you (have custody) AND you provide 51% of the financial support. A notarized letter declaring the above statement and signed by both parents should suffice for DMPO. I am assuming you are male because if you were female you would have never had this problem.

Response by CPO Private RallyPoint Member made Dec 3 at 2015 8:54 AM

CPO Private RallyPoint Member — Thu, 03 Dec 2015 08:54:26 -0500

Your story is missing something. Is you child a dependent of dual military? If so then one collects for them. If you pay child support and are not mil to mil then according to vol 5 are entitled to dep Bah if you have a place for them to stay.

Response by SPC Private RallyPoint Member made Dec 3 at 2015 9:27 AM

SPC Private RallyPoint Member — Thu, 03 Dec 2015 09:27:54 -0500

I had a similar problem. Child in deers, but I didn't have custody and was paying child support. One person would say no I don't get it, S1 would say yes I do. So I would have to go to my S1 every so often and get back pay. Basically, if you're S1 says you get it, just keep pursuing it.

Response by CSM Private RallyPoint Member made Dec 15 at 2015 9:50 PM

CSM Private RallyPoint Member — Tue, 15 Dec 2015 21:50:04 -0500

It is my understanding that if you have joint custody you are entitled to BAH.

Response by CPT Nik Webb made Dec 29 at 2015 9:09 AM

CPT Nik Webb — Tue, 29 Dec 2015 09:09:21 -0500

Refer to section 10106 of the JTR as a starting point. It's case-by-case and depends on your specific situation. However, if your DMPO can't provide you with the regulation (which is a part of their job), take it to IG. Never settle for a verbal response when it comes to your pay, but also don't be afraid to find the answer yourself. The Chapter 10 of the JTR is all about Housing Allowances.

Response by SPC Private RallyPoint Member made May 30 at 2018 5:35 PM

SPC Private RallyPoint Member — Wed, 30 May 2018 17:35:25 -0400

Say u have a child they live with mother in Texas and I am on active duty a single soldier how would that work out as far as bah and child support

Response by Ashley LaRocha made Oct 29 at 2018 5:41 PM

Ashley LaRocha — Mon, 29 Oct 2018 17:41:31 -0400

We are currently dealing with this issue- got him 51 custody through the courts and everything ask requesting and now PSD is saying he cannot get full BAH- could you please let me know what happened in this instance for you?

Response by SGT Private RallyPoint Member made Aug 23 at 2020 7:55 AM

SGT Private RallyPoint Member — Sun, 23 Aug 2020 07:55:40 -0400