Posted on Nov 24, 2015
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?
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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.
BAH
Dependents
Posted >1 y ago
Responses: 16
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"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.
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.
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Is your child listed as a dependent in DEERS? If you have dependents, you should get BAH w/dependents.
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SSG (Join to see)
If there is a divorce decree or a court order that specifically point you as 51% custodian of the child, or if the court order said that you will have your dependent with you over the summer, that alone is base to obtain BAH, now if your dependents are enrolled in deers you are entitled to BAH with depends. I recommend you to prepare your DA 5960, and add all the necessary documents I.e. Birth certificate of the child, divorce decree, and/or court orders (only originals) and let your S1 process your paperwork for your BAH
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SFC (Join to see)
Just because your child is in Deers does not mean you get child support remember the two systems don't talk... The if you are paying any child support at all you don't have custody crazy enough a man has to show more proof than a woman and a court order is the only document that can show that I deal with these cases all the time
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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.
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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
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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.
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SPC (Join to see)
The new ways are promoting co-parenting. Instead of every other weekend, they get every other weekend and a number of days during the week. The court awards one parent as the primary custodial and calls it 51%. It's fubar in the way that the parent with 49% still pays child support as they did prior to this change.
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GySgt (Join to see)
They do but one parent is always the physical custodian. Parents are and were always expected to work together in order to parent appropriately. Do they, no.
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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?
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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.
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It is my understanding that if you have joint custody you are entitled to BAH.
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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.
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