If a soldier is divorced, has joint legal custody/visitation of two children, would he be eligible for off post housing and BAH?

SPC Private RallyPoint Member — Fri, 16 Apr 2021 02:46:33 -0400

If a soldier is divorced, has joint legal custody/visitation of two children, would he be eligible for off post housing and BAH? If not, is an ETP probable for this situation?

Response by MSG Private RallyPoint Member made Apr 16 at 2021 7:00 AM

MSG Private RallyPoint Member — Fri, 16 Apr 2021 07:00:04 -0400

Look at this link where someone posted a similar question. Hope it helps. Otherwise, seek out Legal and Finance offices for fuller details.

https://www.rallypoint.com/answers/will-i-receive-bah-without-dependent-rate-after-my-divorce

Will I receive BAH without dependent rate after my divorce? | RallyPoint

Me and my wife are going through a divorce. We have a son who is just shy of a year old. We had on post housing, but I’ve gotten out of the housing and am currently staying with friends until the divorce is finalized. We are trying to determine if I’ll be receiving the BAH without defendant rate, if I receive less than 50% custody of my son, which my lawyer has already told me is extremely likely due to his young age. We’re trying to figure...

Response by SFC Private RallyPoint Member made Apr 16 at 2021 10:31 AM

SFC Private RallyPoint Member — Fri, 16 Apr 2021 10:31:31 -0400

If you have primary physical custody or pay enough child support you'll receive BAH

Response by LTC Private RallyPoint Member made Apr 16 at 2021 2:43 PM

LTC Private RallyPoint Member — Fri, 16 Apr 2021 14:43:21 -0400

My understanding is if you have any custody, you get BAH.

Response by CW2 Private RallyPoint Member made Apr 16 at 2021 7:13 PM

CW2 Private RallyPoint Member — Fri, 16 Apr 2021 19:13:54 -0400

I don’t necessarily think what you pay in child support matters as that is not the Army’s doing, as I had a PFC paying California based child support, which was pro rated as he would have nothing left over if he paid the court ordered full amount. I believe if you have any custodial rights you receive BAH. To qualify for on post housing as a single Soldier with a dependent child you don’t have primary custody of you may need X amount (50/50) to qualify.

Response by SPC Robert Hendrickson made Apr 17 at 2021 10:28 PM

SPC Robert Hendrickson — Sat, 17 Apr 2021 22:28:17 -0400

check with your unit leader(s), also check with legal services, JAG, etc. to make sure .. and know that how your units is mostly on base/post or mostly training in the field a lot and your child/children is properly taken care of accordingly