What is the actual regulation that covers BAH, BAH-DIFF?

SSG Private RallyPoint Member — Sat, 19 Jun 2021 08:25:05 -0400

I was searching yesterday to find these regs because I have a solider who is under the impression that because he doesn’t have custody of his daughter, he will be getting paid BAH without dependents. As far as I am aware, since he fathered this child, and she still get to use his tricare benefits, she is still a dependent regardless of custody.

Response by SFC Private RallyPoint Member made Jun 20 at 2021 7:40 AM

SFC Private RallyPoint Member — Sun, 20 Jun 2021 07:40:20 -0400

That is incorrect. He must either have greater than 50% custody or he must be court ordered to pay child support that exceeds BAH DIF. If the child support exceeds BAH DIF then he will receive the BAH with dependents rate and be required to reside outside the barracks. If it doesn't exceed the BAH DIF rate then he will receive BAH DIF and reside in the barracks.

The BAH rules are in the DOD Finance regulations, which are painful to go through. I can tell you this from being in the same situation and needing to research it myself at one point.

He will need a copy of his signed custody support order and take that to finance along with a BAH start form

Response by 1SG Private RallyPoint Member made Jun 20 at 2021 9:56 AM

1SG Private RallyPoint Member — Sun, 20 Jun 2021 09:56:41 -0400

DOD 7000.14-R, good luck this book is massive!

Response by SGM Bill Frazer made Jun 20 at 2021 11:16 AM

SGM Bill Frazer — Sun, 20 Jun 2021 11:16:53 -0400

There is a great difference between a dependent and 100% custody of a dependent. Since you are not a lawyer- maybe you have him visit JAG

Response by MSG Private RallyPoint Member made Jun 21 at 2021 11:38 AM

MSG Private RallyPoint Member — Mon, 21 Jun 2021 11:38:04 -0400

DoD FMR Vol 7A. You can do the research but everything SFC Private RallyPoint Member said is spot on.

Response by SFC Private RallyPoint Member made Jun 21 at 2021 1:48 PM

SFC Private RallyPoint Member — Mon, 21 Jun 2021 13:48:47 -0400

BAH is based on custody status - but if he has established paternity then he has a dependent and should enroll the child in DEERS.

If he has zero custody, he's not getting BAH though.