Posted on Dec 13, 2019
If my spouse and I share legal custody, and he will be paying child support, will only he receive BAH diff or can he still get full BAH?
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I’ve done some research but thought I’d come here to get more information. My husband and I are going through a divorce. He’s the service member and we have a daughter together. We plan for me to have physical custody and share legal custody (he will be paying child support). Will he receive bah diff only or can he still get bah? Thanks for the help and advice.
BAH
Divorce
Posted >1 y ago
Responses: 5
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If the court ordered child support exceeds the amount of BAH Dif for his rank, he will receive BAH w/dependents and be required to reside out of the barracks.
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CPT Lawrence Cable
Shouldn't the soldier get BAH w/dependents if there is joint custody? That has always been my understanding.
And yes, they would be required to live outside of the barracks, although he should still be eligible for base housing.
And yes, they would be required to live outside of the barracks, although he should still be eligible for base housing.
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SFC (Join to see)
CPT Lawrence Cable when there is joint custody Finance looks at the parent that is the primary physical custody person as the one who has custody. I'm not a finance expert, but that is what I gathered from reading the dod fmr
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On the divorce decree it should say that it’s shared custody 50% each and that you’ll have physical custody. In addition, it should talk about visitation, every other weekend, summer breaks, Xmas breaks, father’s day, etc. Since he’ll need a place to have his child for visitation purposes, he’ll need a place to live (not the barracks). Which means he’ll be receiving BAH at the with dependents rate. But again, the divorce decree must say 50% shared custody or something along those line for him to receive BAH.
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SFC (Join to see)
He will only get BAH-Diff unless the court order support exceeds the amount of his authorized BAH-Diff
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