Posted on Feb 5, 2016
SPC RADAR Repairer
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I am recently divorced, and my ex wife and I have split custody of my daughter though she has residential rights. The question is this: Am I authorized to move off post with BAH at the with dependant rate so I can get my visitations or am I trapped in the barracks? I've heard conflicting thoughts, and my unit shop doesn't seem to have an answer.

Any insight would be great.
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Responses: 5
SGT Infantryman
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I just did this etp exception to policy packet on fort Carson. Divorce decree, have to have 50% physical custody. On your decree it will say a number of overnights that child will have with you I believe it's minimum of 180 days. And then it will go thru your unit to battalion to brigade for all signatures. This will only get you single rate just FYI you have to be primary to receive dependent rate. Trust I did this packet twice one in Hawaii 2013 and I redid it last month here on fort Carson
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SGT Ben Keen
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While I got divorced after my ETS and I'm far from an expert in this stuff, I would under the circumstances the unit would almost have to give you housing. Personally, when I went through my divorce and custody hearings, the judge required both my ex and I to show proof of a good, clean, healthy, living situation for both our kids. I had to provide pictures of my apartment to the judge.

Now, if SPC (Join to see) is required under NY State Law to do the same, I would like the barracks would not pass. Let's face it, barracks are not place for kids. In my experience most E4 and below shared a room with another service member and things like that so I would not classify the barracks as a "good, clean, healthy" environment for children.

My question to SPC Martin is, have you discussed this with your first line supervisor? What steps have you taken at your unit level to at least get eyes on this situation?
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SPC RADAR Repairer
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Sergeant,

Both of my first line supervisor and my first sergeant is aware of the situation. I am currently deployed at the moment, so I can't personally go to finance at the moment, so I'm trying to gather as much information as possible so I can create a plan of action when I'm back.
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MAJ Security Cooperation Planner
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Provide proof of custody to Finance and your chain of command. I am not sure what you mean by residential rights. If that means she would never stay with you, the answer is probably no to moving off base. You would receive partial BAH to provide child support however.
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SPC RADAR Repairer
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Sir,

It basically means that she has her 51% of the time while I'll have her 49%.
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