Posted on May 16, 2018
What can I do to solve a problem with BAH with dependents and Family Separation Pay?
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I’m currently at the MOB station getting ready to deploy and solider from my unit is getting BAH with dependent also FSA but only pay child support. I’m have 2 kids and pay more in child support, joint custody legal and physical of 1 of my kids but defense military pay only saying I qualify for BAH with dependent but I’m more qualified than the rest of the people my unit. What can I do to resolve getting FSA?
Military Pay
Deployment
BAH
Fair Pay
Dependents
Posted 6 y ago
Responses: 3
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SSG (Join to see)
SGT Eric Davis - The only ones that can help you with this is finance and your COC. Go talk to them.
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SGT Eric Davis
Do you have dependents (living with you) or do you only pay child support? Basically if your only dependents live with someone other than you, then you get zero FSA. If you have a spouse or child under your care as determined by divorce papers then you are entitled. But you don't get to collect FSA for joint custody. Show your divorce papers where one dependent resides with you and that should clear it up.
"This term means the same as “home” or “family.” It applies to a collection of persons living under one roof, having one head or manager who controls and supervises the affairs of the family"
B. The sole dependent is a spouse legally separated or child(ren) in the legal custody of another person.
http://comptroller.defense.gov/Portals/45/documents/fmr/archive/07aarch/07a27.pdf
Do you have dependents (living with you) or do you only pay child support? Basically if your only dependents live with someone other than you, then you get zero FSA. If you have a spouse or child under your care as determined by divorce papers then you are entitled. But you don't get to collect FSA for joint custody. Show your divorce papers where one dependent resides with you and that should clear it up.
"This term means the same as “home” or “family.” It applies to a collection of persons living under one roof, having one head or manager who controls and supervises the affairs of the family"
B. The sole dependent is a spouse legally separated or child(ren) in the legal custody of another person.
http://comptroller.defense.gov/Portals/45/documents/fmr/archive/07aarch/07a27.pdf
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SGT Eric Davis
MAJ (Join to see) I have two kids one I only pay child support for and the 2nd I pay child support and got joint physical and legal custody; we share my 2nd child half the time I get him one week and she get him one week and we rotate!
Like I stated before bother people from my unit are getting FSA and they are only paying child support!
Like I stated before bother people from my unit are getting FSA and they are only paying child support!
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MAJ (Join to see)
Bring your divorce papers to finance they need to clearly show you have physical custody of the child see language below.
DOD FMR 7A
270102. A 1
" 1. Child - A dependent child(ren) is an unmarried child(ren) of the member who is in legal custody of the member. Legal custody includes a circumstance in which the member has been awarded joint physical and legal custody of a dependent child(ren) as a result of a court ordered custody agreement or finalized divorce decree, which provides that the child(ren) physically reside with the member on an equal basis (no less than 14 days during a month) as compared to the time the child(ren) reside(s) with the spouse, and the member’s actual physical custody of the child(ren) is precluded due to an enforced family separation described under paragraph 270103. Such a custody arrangement must be stipulated in the signed court order or divorce decree, subject to the verification by the Secretary of the Military Department concerned. See subparagraph 270201.C. :"
http://comptroller.defense.gov/Portals/45/documents/fmr/archive/07aarch/07a_27_Aug11.pdf
DOD FMR 7A
270102. A 1
" 1. Child - A dependent child(ren) is an unmarried child(ren) of the member who is in legal custody of the member. Legal custody includes a circumstance in which the member has been awarded joint physical and legal custody of a dependent child(ren) as a result of a court ordered custody agreement or finalized divorce decree, which provides that the child(ren) physically reside with the member on an equal basis (no less than 14 days during a month) as compared to the time the child(ren) reside(s) with the spouse, and the member’s actual physical custody of the child(ren) is precluded due to an enforced family separation described under paragraph 270103. Such a custody arrangement must be stipulated in the signed court order or divorce decree, subject to the verification by the Secretary of the Military Department concerned. See subparagraph 270201.C. :"
http://comptroller.defense.gov/Portals/45/documents/fmr/archive/07aarch/07a_27_Aug11.pdf
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You have To be separated for 30 days before FSA kicks in. Don't understand how you would be any "more qualified than the rest of the people in my unit" for FSA if they meet the requirements for it.
My experience was that once I manefested out for the deployment, 30 days later family sep started via a S1 level top feed into the system. You may need to fill out a DD1561 at Finance. I believe the answer to why you were told you are ineligible is in block 8 of the form. Link to the form is in the link below.
https://www.dfas.mil/militarymembers/payentitlements/fsa.html
My experience was that once I manefested out for the deployment, 30 days later family sep started via a S1 level top feed into the system. You may need to fill out a DD1561 at Finance. I believe the answer to why you were told you are ineligible is in block 8 of the form. Link to the form is in the link below.
https://www.dfas.mil/militarymembers/payentitlements/fsa.html
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SGT Eric Davis
LTC Jason Mackay the reason I say I’m more qualified is because I meet more than one requirement but they only meet only requirement. Also they wouldn’t let me fill one out. One soldier been on orders for 4 days of his orders and got a LES for the 15th of May for pay period may 11th-15th and we in the same unitand he receiving BAH with dependent and FSA. So again the reason I say I’m more qualified is because he only paying child support but I’m paying child support, got joint custody of one of my kids from my divorce who is ex military.
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