Will I receive BAH without dependent rate after my divorce?

CPL Private RallyPoint Member — Mon, 24 Dec 2018 16:38:56 -0500

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 this out before we go to finalize the divorce, because that BAH rate will play a large role in what amount of child support I’ll be paying. I’ve tried looking through many different sources and can’t find a clear answer. I’ve been told as long as i maintain some sort of physical custody I’ll receive the without rate, then I’ve been told I need 51% custody at a minimum to receive any BAH what so ever. I’ve also read that they’ll only give you the without rate if your already in off-post housing, which is the goal so I can be able to have custody of my son. The facts I know at this moment are
1. I will not receive 51% custody until he’s older
2. I’ll receive custody every other weekend, at a minimum, every 2 weeks, at best.
3. I’m currently not in the barracks or any form of housing or lease.
Any information is extremely helpful.

Response by Maj Marty Hogan made Dec 24 at 2018 4:48 PM

Maj Marty Hogan — Mon, 24 Dec 2018 16:48:12 -0500

Highest ranking person will get BAH- (if you are both active) but then it will also effect the amount of support you pay. If she has custody- she will normally get the lion share. You will have to re-cert your BAH each year as well when claiming for a dependent that is not a spouse and there is a custody agreement in place. If she is civilian it will be based on your decree and if you are paying support you will receive it, but the courts will award it to the custodial parent that receives support.

Response by SFC Private RallyPoint Member made Dec 24 at 2018 5:58 PM

SFC Private RallyPoint Member — Mon, 24 Dec 2018 17:58:50 -0500

You will have to have at least 50% custody in order to receive BAH with dependent. You can receive BAH DIF asked upon how much your child support will be. Because you are not the custodial parent it would be your command discretion whether or not to let you live off post versus being required to live in the barracks. I highly suggest you go to legal so you can be well informed of your rights and entitlements. I hope this helps, good luck to you.

Response by Maj Marty Hogan made Dec 25 at 2018 6:28 AM

Maj Marty Hogan — Tue, 25 Dec 2018 06:28:58 -0500

Do you not have a finance section? I would suggest you go there as they have the updated reg and can apply your situation to the reg.

Response by 1SG Private RallyPoint Member made Dec 25 at 2018 1:36 PM

1SG Private RallyPoint Member — Tue, 25 Dec 2018 13:36:01 -0500

You will not receive at the W/O rate with the custody you described.
As another member posted referencing the DFAS FAQ.

IF you are paying child support equal or grester to the BAH-DIF rate (>=$194.10), THEN you will get BAH-DIF.
BAH-DIF = BAH W/DEP - BAH W/O DEP
2019 rates show BAH-DIF for E-3 = $194, E-4 = $236.40
Joint custody is not justification for BAH. So, IF you were to get custody for MORE than 6 months of the year, you would be entitled to housing, but not necessarily authorized BAH W or W/O, unless a certificate of unavailability was authorized based on the usual exceptions.
Assumed your spouse IS NOT a service member.
If your spouse IS a service member, BAH W is only authorized to be received by the member who has custody of the child. If joint custody, only one can receive BAH W at a time.