Soldier's obligation to provide BAH

2015-03-17T14:14:40-04:00

IAW AR 608-99 para 1-5b3, Soldiers are required to provide adequate financial support to family members.

I have a colleague who has a Soldier in his unit that fails to update his BAH for dependents with supporting documentation. Is it required for a Soldier to list his dependents for his BAH entitlement? I have no knowledge that the Soldier is not providing financial support.

This Soldier is in the Army Reserves, has a spouse and kids under the same roof. No child support due. No government housing needed.

Note: Why the Soldier doesn't want free money to support his family is beyond me.

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Response by SGT Private RallyPoint Member made Mar 17 at 2015 2:21 PM

2015-03-17T14:21:52-04:00

Maybe the spouse is an illegal?

Response by Sgt Aaron Kennedy, MS made Mar 17 at 2015 2:27 PM

2015-03-17T14:27:56-04:00

Maybe the solider has an AD wife?

I was dual military household. My wife and I both drew BAH at single rate until my son was born, then I drew it at "with dependents" rate, and her at single rate. Had she outranked me, she would have drew with dependents instead.

Response by LCDR Private RallyPoint Member made Mar 17 at 2015 2:28 PM

2015-03-17T14:28:25-04:00

The Navy has a clear Policy called "Support of Family Members" In lieu of a court order or mutual agreement a service member has specific obligations under this written order:

1/3 of gross pay for a spouse
1/2 of gross pay for a spouse and child.

The scale goes up from there and is clearly set to "gross pay" regardless of BAH, family housing ect....

Response by 1SG Private RallyPoint Member made Mar 17 at 2015 2:33 PM

2015-03-17T14:33:13-04:00

At least one dependent must be listed in DEERs in order for the SM to receive the with dependents rate of BAH. There is no additional BAH benefit for more than one dependent. As far as him not paying support then I would guide you to talk to your (or his) local JAG for guidance on that (I know the answer but am not a lawyer or a JAG so will keep it to myself)

Response by SSG Private RallyPoint Member made Mar 17 at 2015 2:42 PM

2015-03-17T14:42:33-04:00

Got my answer. Thank you.

Certification of Dependents Status. Effective April 20, 1999, each member who is entitled to BAH on behalf of dependents must provide recertification to the Secretary concerned indicating the status of each dependent of the member to support entitlement to BAH on behalf of dependents upon arrival at a new PDS. If a member fails to provide the certification in a timely manner, stop BAH on behalf of dependents at the end of the month in which the certification is due, but continue to pay BAH at the appropriate partial or without-dependent rate unless the member is not entitled to that allowance for some other reason. Resume paying BAH at the with-dependent rate effective the date the member provides proper certification. Do not pay the higher rate retroactively in the absence of certification from the member’s commander that the failure to recertify timely was for reasons beyond control of the member. ( DOD 7000.14-R, VOLUME 7A, CHAPTER 26 ) Counsel the Soldier immediately and let them know that BAH recertification is required, if it is not recertified action will be taken to stop it and they will be investigated for BAH fraud.

Response by TSgt Joshua Copeland made Mar 17 at 2015 3:01 PM

2015-03-17T15:01:23-04:00

SSG Private RallyPoint Member, not sure what the actual reg is, but BAH is the same regardless of if it is a spouse or kid(s) or both. You don't get more money if you have more dependents.

During my last BAH recertification, they required a copy of my marriage certificate. They didn't care about my kids birth certificates (which I had, just in case).

Response by MAJ Private RallyPoint Member made Mar 17 at 2015 3:53 PM

2015-03-17T15:53:23-04:00

SSG Private RallyPoint Member Generally updating DEERS is the major hurdle. If you have certified dependents in DEERS BAH's is a given. I assume this reservist is pending a mob, as you don't get any more money for a Battle Assembly or whatever they call a drill this week.

Response by SPC Lukas Jones made Mar 17 at 2015 11:35 PM

2015-03-17T23:35:39-04:00

Unless said soldier is Active Reserves, on orders or utilizing the GI Bill, he should not be receiving BAH. His records should be updated on an annual basis during his birth month audit as well, but it is advised to update DEERS/RLAS as soon as he gets married, divorced or has a child. My advice would be to counsel said soldier with keeping his personel file up to date so as to avoid him missing out on more money that he is entitled to.

Response by SGT Private RallyPoint Member made Mar 19 at 2015 12:56 PM

2015-03-19T12:56:15-04:00

The reason he must claim his dependants accurately is to ensure they are taken care of through proper documentation in case he does, becomes physically incapable of working to provide, or becomes incapacitated in such a way that he is unable to provide for long periods of time or in the more likely case that he becomes seperated or divorced they will be cared for regardless of the Soldiers status. By not claiming them he is essentially saying that he is not connected to them and not responsible for them so if our when a divorce happens he can refute any claim of responsibility thus resulting in DNA testing and legal processing that is costly and then the dependants still get past of his benefits and past pay from such if previously denied. It is to protect the army and the soldier and the dependants

Response by 1SG Private RallyPoint Member made Jan 24 at 2019 12:10 PM

2019-01-24T12:10:02-05:00

About 1/3 of my complaint as an IG were this very issue. Contact them, and they'll give you what is current