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 SFC Private RallyPoint Member made Apr 16 at 2021 12:26 PM

SFC Private RallyPoint Member — Fri, 16 Apr 2021 12:26:25 -0400

"When parents are divorced, the custodial parent receives BAH-With for the children.

A BAH Differential (BAH-Diff) allowance is paid to a member who lives in military housing or has no spouse or children living with him/her, but pays child support greater than the BAH-Diff amount. Joint Travel Regulation 100404.

Despite what the name may suggest, BAH-Diff is not equal to the difference between BAH at the with and without dependents rates, but was instead fixed at the difference between the former BAQ rates back in 1997, subject to COLAs.

The BAH-Diff rates are listed in the military pay chart, and for example, in 2020 the BAH-With for an Army Major (O-4) at Fort Carson is $2133, and the BAH-Without rate is $1896. The difference between those two rates is $237, but the BAH-Diff rate is only $196.80.

For the complete regulations governing BAH, see the Joint Travel Regulations, Chapter 10 (warning - large PDF takes a while to load). Chapter 10 was revised in August 2018, not to alter the rules, but to use plain language so it is more readable to the general public. As of November 2018, that revised chapter is available here, though in the longer term it may disappear from this location after being integrated into the main regulation.

BAH is reflected on a member’s Leave & Earnings Statement. However, since it is not taxable, it is not reflected on a member’s W2 or tax return."

Also: https://www.defensetravel.dod.mil/site/faqbah.cfm

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.

36. I am a 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 found in the DoDFMR, Volume 7A, par. 260403.

37. 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 DoDFMR, Volume 7A, pars. 260306, 260307 and 260403.

Basic Allowance for Housing (BAH) - Frequently Asked Questions

A member assigned to permanent duty within the 50 United States, who is not furnished Gov't housing, is eligible for BAH, based on the member's rank, dependency status, and permanent duty station zip code. A member stationed overseas (except in Hawaii and Alaska), including U.S. territories and possessions, who is not furnished Gov't housing, is eligible for an Overseas Housing Allowance (OHA) based on the member's dependency status. If a...

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 WO1 Private RallyPoint Member made Apr 16 at 2021 7:13 PM

WO1 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