Posted on Apr 25, 2022
Do I need 51+% physical custody to maintain BAH?
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Do I need 51% custody to maintain BAH as a single dad? I can’t have my daughter living in a motel during times I can see her
Divorce
Legal Services
BAH
Posted 2 y ago
Responses: 3
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You need to be court ordered to pay child support that is greater than the amount of BAH DIF. For most people that's between 300 and 400 a month.
That's for CONUS. For OCONUS you must have primary custody to receive BAH for your dependents
That's for CONUS. For OCONUS you must have primary custody to receive BAH for your dependents
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LtCol Robert Quinter
SFC (Join to see) - Since your quarters are provided instead of your getting the housing allowance, it's hard to imagine drawing the allowance and being assigned family housing at the same time. From what I've been reading. modern policy even prohibits geographic bachelors from living in bachelor quarters.
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SFC (Join to see)
LtCol Robert Quinter actually that only happens overseas. CONUS where housing is privatized, you get BAH and it goes to pay for your housing in an allotment.
Geo bachelor is a different program where you're allowed to stay in the barracks when you're married but apart from your family
Geo bachelor is a different program where you're allowed to stay in the barracks when you're married but apart from your family
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SFC (Join to see)
LtCol Robert Quinter - He said he already lives in housing. So it sounds like potentially a divorce recently happened. So - if that's the case and there was a divorce, the spouse got the majority of custody they probably moved out. That's why it's up to housing if they let him stay or not probably depending on what amount of custody he has.
That's why I said what I said.
That's why I said what I said.
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https://www.defensetravel.dod.mil/site/faqbah.cfm#:~:text=BAH%2DDIFF%20is%20the%20housing,than%20the%20BAH%2DDIFF%20amount.
You can look it up here. I get BAH with Dependents and pay child support. If you have any questions you can ask your legal team at your unit. As long as you are paying over your BAH-Dif. As soon as I had to submit my divorce decree my unit left my BAH in place. If you are caught getting full BAH then you will have to pay it back.
You can look it up here. I get BAH with Dependents and pay child support. If you have any questions you can ask your legal team at your unit. As long as you are paying over your BAH-Dif. As soon as I had to submit my divorce decree my unit left my BAH in place. If you are caught getting full BAH then you will have to pay it back.
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SPC (Join to see)
My legal team said I need 51% custody but I guess if child support is OVER bah-diff I’ll get full bah and keep my on post housing ? Is what you’re explaining ?
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LtCol Robert Quinter
SPC (Join to see) - The deciding factor is how your support requirements are written. You can be denied any custody, but still have court ordered support requirements.
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35. I am divorced with children, what is my BAH allowance?
It depends on whether or not you have legal and physical custody of your children, pay child support, and/or live in single-type Gov't quarters. If you have legal and physical custody of your children, then you are authorized BAH at the with-dependent rate if not assigned adequate family-type Gov't quarters. If your former spouse has custody and you are paying adequate child support (at least in an amount of your BAH-DIFF rate) you are authorized BAH at the with-dependent rate if not in Gov't quarters or BAH-DIFF if assigned single-type Gov't quarters.
https://www.defensetravel.dod.mil/site/faqbah.cfm#:~:text=When%20the%20former%20spouses%20share,child%20during%20the%20same%20period.
Anything I've ever seen is that you have to have 51% custody to get BAH with dependent rate. If it's less than that you get BAH DIFF it seems.
It depends on whether or not you have legal and physical custody of your children, pay child support, and/or live in single-type Gov't quarters. If you have legal and physical custody of your children, then you are authorized BAH at the with-dependent rate if not assigned adequate family-type Gov't quarters. If your former spouse has custody and you are paying adequate child support (at least in an amount of your BAH-DIFF rate) you are authorized BAH at the with-dependent rate if not in Gov't quarters or BAH-DIFF if assigned single-type Gov't quarters.
https://www.defensetravel.dod.mil/site/faqbah.cfm#:~:text=When%20the%20former%20spouses%20share,child%20during%20the%20same%20period.
Anything I've ever seen is that you have to have 51% custody to get BAH with dependent rate. If it's less than that you get BAH DIFF it seems.
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SPC (Join to see)
But I live on post housing right now. So would they allow me to keep that or force move me into single barracks housing. My child support will be way over the BAH-diff
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SFC (Join to see)
SPC (Join to see) - If it's over BAH DIFF go to finance to adjust as was told to you earlier.
It's up to housing at your base if they let you stay in the current home you're in.
It's up to housing at your base if they let you stay in the current home you're in.
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