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I was looking at the DA Form 5960 and I do not see a place to select “BAH Diff”. Is there another form that I need or do I just select “Partial” ? Also, I have two kids and pay over 500 a month for daycare or whatever else they need. Does this qualify me for BAH Diff ?
Posted >1 y ago
Responses: 3
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If you don't get a custody and / or support agreement you will for the rest of your life run the risk of the state coming after you for 18 years of back child support in the future. The Mother and you can make your own agreement but if you don't make it legal you run the risk that the state will consider anything you pay now a gift.
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If you pay court ordered child support you are entitled to BAH DIFF. If the amount exceeds your child support then you are entitled to full BAH and cannot stay in the barracks. If you are just paying for daycare out of the goodness of your heart, then the Army views that as a personal and elective expense, and you aren't entitled to anything.
Get a child support agreement in place, it will protect both of you.
Get a child support agreement in place, it will protect both of you.
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CPL (Join to see)
For some odd reason, the state of SC doesn’t let men put themselves on child support. The women have to feel like they need it (or put the man in CS out of spite). Lawyers always want upwards of $1,500 to write up the paperwork that they present to the judge so that it can be a court order.
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SFC (Join to see)
CPL (Join to see) - What are you talking about? You can go file for child support if you want. There's no law I am aware of in any state that says only a female can file for child support of minor children. That wouldn't make sense when it comes to same-sex couples who have custody issues.
If you want court ordered child support, go file for it. Look at what I just found in a quick search:
"In South Carolina, either parent may request child support, but both must contribute to the child's well-being. A court could order one or both parents – or in cases where both parents are under 18, then the grandparents – to make payments. Generally, however, the non-custodial parent actually pays support. "
https://dss.sc.gov/child-support/how-to-apply/
Have you even legally established paternity? So you're just paying daycare with no court order? That's considered a gift. You might be able to get that added on if you go to court if you can show you've been paying it.
Never give money without a court order when it comes to child support. Do it through the state as well. For daycare, figure out a way you can show you pay it. When I was with my ex husband, I ended up paying his child support. At first, he gave it straight to his first ex wife. I said that doesn't count...and then they caught up to him. Then I sent it through the state. (I was paying it because she pulled the "you can't see the kids if I don't get money" card and I wanted to see them too. Now - she doesn't seem to care since he hasn't paid any child support in 3 years but she's let him have the kids since he got out of jail a year ago).
If you have no court order for any child support or daycare and are paying it- the Army won't give you anything for that. Go find a lawyer who does free consultations.
If you want court ordered child support, go file for it. Look at what I just found in a quick search:
"In South Carolina, either parent may request child support, but both must contribute to the child's well-being. A court could order one or both parents – or in cases where both parents are under 18, then the grandparents – to make payments. Generally, however, the non-custodial parent actually pays support. "
https://dss.sc.gov/child-support/how-to-apply/
Have you even legally established paternity? So you're just paying daycare with no court order? That's considered a gift. You might be able to get that added on if you go to court if you can show you've been paying it.
Never give money without a court order when it comes to child support. Do it through the state as well. For daycare, figure out a way you can show you pay it. When I was with my ex husband, I ended up paying his child support. At first, he gave it straight to his first ex wife. I said that doesn't count...and then they caught up to him. Then I sent it through the state. (I was paying it because she pulled the "you can't see the kids if I don't get money" card and I wanted to see them too. Now - she doesn't seem to care since he hasn't paid any child support in 3 years but she's let him have the kids since he got out of jail a year ago).
If you have no court order for any child support or daycare and are paying it- the Army won't give you anything for that. Go find a lawyer who does free consultations.
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SFC (Join to see)
CPL (Join to see) everything that SFC Kelly Fuerhoff just said. Go pay the lawyer and get it done right. You think you can't afford a lawyer, but you've been gifting someone over $500 a month for however long - you can't afford NOT to get a lawyer.
As long as a judge has written a court order demanding you pay a certain amount, then that is your supporting documentation for finance to get BAH. If you do not have that, you are gifting money. I certainly hope you are claiming the daycare costs in your taxes as well because that is a tax deduction. If not, you're paying the $500 AND the taxes on earning that money as well.
As long as a judge has written a court order demanding you pay a certain amount, then that is your supporting documentation for finance to get BAH. If you do not have that, you are gifting money. I certainly hope you are claiming the daycare costs in your taxes as well because that is a tax deduction. If not, you're paying the $500 AND the taxes on earning that money as well.
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CPL (Join to see)
When I first started trying to get BAH, my team NCOIC sat with me and explained the different ways I could get BAH. Child support was one and he told me to call SC and put myself on child support. The lady said that SC didn’t allow fathers to place themselves on child support. After that I haven’t tried again.
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