How soon can a SM request BAH if their significant other is pregnant?

2020-12-21T13:11:55-05:00

I have a soldier(male) that got his girlfriend pregnant. I am just trying to familiarize myself with any regulations/ procedures that would deal with a situation like this. When can he request BAH/ move out of the barracks? What other things should he need to work on prior to the birth of the child? I know that he will need to enroll the child in DEERS once the child is born, but what can be done before then?

Response by LTC Private RallyPoint Member made Dec 21 at 2020 1:32 PM

2020-12-21T13:32:08-05:00

not much can be done before then. He has to provide proof that he is indeed the father. paternity test, his name listed on BC, something other than "I got my girlfriend pregnant".

Response by SFC Private RallyPoint Member made Dec 21 at 2020 1:37 PM

2020-12-21T13:37:08-05:00

Either marry her or wait until he has a birth certificate naming him the father.

Response by CSM Darieus ZaGara made Dec 21 at 2020 1:38 PM

2020-12-21T13:38:31-05:00

He wil have to wait until after delivery. He will need to be the father on the birth certificate. Moving out of the barracks depends on a couple of factors.

He needs to see the S1 ask the right questions, check with housing and the rest will unfold.

Response by CWO3 Private RallyPoint Member made Dec 21 at 2020 1:54 PM

2020-12-21T13:54:45-05:00

Once you prove you have a dependent(s) by proper documents. He can move out of the barracks if the Command allows it, but as a brown bagger still may have to maintain a wall locker and rack until sponsored to move out. Ask PSG, or other Sr. NCO, also S1.

Response by SGT Private RallyPoint Member made Dec 21 at 2020 2:14 PM

2020-12-21T14:14:41-05:00

Thankyou all for the responses, looks like i will need to speak with S1 soon.

Response by MAJ Javier Rivera made Dec 21 at 2020 2:32 PM

2020-12-21T14:32:08-05:00

I see so many things wrong with the way then question was made! But the answer is no, he cannot get BAH until he he become the legal parent. There’s nothing he can do before then baby is born besides getting married and that, my dear SGT Private RallyPoint Member, is a very sensitive subject. Not for this forum, even less for anyone of us!

Response by SFC Private RallyPoint Member made Dec 21 at 2020 3:13 PM

2020-12-21T15:13:15-05:00

He will not be eligible for BAH as an unmarried Soldier without custody until he is legally required to pay child support by court order

Response by SFC Private RallyPoint Member made Dec 21 at 2020 3:49 PM

2020-12-21T15:49:25-05:00

Unmarried males have zero parental rights until they establish paternity based on the state laws the child is born in.

Right now, he literally can't do anything as there's no dependent. IF he marries this girl before the child is born, he'll be able to get BAH since he'll have a spouse. I don't recommend he do that though.

He just needs to wait until birth, establish paternity and then go from there. But he's not going to be able to move out of the barracks unless he gets probably joint custody or married. BAH will depend on custody and child support.

Response by MAJ Private RallyPoint Member made Dec 21 at 2020 5:33 PM

2020-12-21T17:33:56-05:00

Soldiers are not authorized BAH until they have a authorized dependent. See DEERS requirements
https://www.tricare.mil/Plans/Eligibility/DEERS/RequiredDocuments

Required Documents | TRICARE

Response by SGM Bill Frazer made Dec 21 at 2020 9:23 PM

2020-12-21T21:23:13-05:00

God save us! SGT- does not give anything to include a damn about someone getting someone pregnant, unless its a spouse. The only way to get anything for someone who is not your dependent is to make them your dependent- like MARRY THEM!

Response by CSM Charles Hayden made Dec 21 at 2020 11:55 PM

2020-12-21T23:55:03-05:00

SGT Private RallyPoint Member Simple! Get married by a legitimate person who is licensed to perform marriages!

Response by SGT Private RallyPoint Member made Dec 22 at 2020 1:36 AM

2020-12-22T01:36:16-05:00

Dependents (wether that be spouse or child) must be command sponsored in your orders before you can obtain BAH. This cannot happen until after the birth of the child, and to obtain command sponsorship for just the child, SM must provide proof of parental relationship and financial dependence for the child. Best thing for your Soldier to do now is prepare the packet for command sponsorship, DA 4187, etc. Have all the information included that he can, and fill in the rest when the child is born. Upon approval of command sponsorship and once the orders have been re-cut to include the child, then and only then can BAH be received. No BAH can be received prior, unless they are to marry, but then the same rule applies, but in regards to command sponsoring the spouse.

Response by CPT Private RallyPoint Member made Dec 22 at 2020 10:28 AM

2020-12-22T10:28:25-05:00

No BAH unless you are married, have a lease or mortgage, have dependents, or are the caregiver for another family member.
Biggest piece of advice I can give though if this friend doesn’t want to get married to this lady for some reason don’t let BAH be the reason to get married.
While I am a full believer of being married before having children and having a a good home for children to be raised in. Marrying just because of BAH is probably one of the single largest mistakes young SM’s make.
Good luck to your friend.

Response by CWO4 Private RallyPoint Member made Dec 22 at 2020 9:47 PM

2020-12-22T21:47:03-05:00

Based on the scenario described, the member is currently authorized BAH-Partial due to his current assignment to single-type government quarters, i.e., the barracks. He will not be able to receive BAH at the with dependents rate until he acquires a dependent that qualifies for this BAH type. For instance, through marriage or primary physical custody of the child once he or she is born. He may be authorized BAH-Differential in the event that he pays child support in the future that meets or exceeds the BAH-Differential rate based on his rank; the intent of this BAH is to offset child support costs and should not be confused with other BAH types. He does not meet any requirements in the DoD FMR to rate BAH without dependents at this time. However, the reference delegates aspects of BAH without dependents determinations to the Services, which means that you should consult with your S-1/Administrative Section to be advised on the BAH without dependent process that's applicable to your Service and installation.

In my experience, this would be a case that will not warrant BAH without dependents because the member lacks proper justification to rate this entitlement based on his current situation.

Reference: DoD FMR Vol 7A, Chapter 26

Semper Fi

Response by SSgt Christophe Murphy made Dec 22 at 2020 10:00 PM

2020-12-22T22:00:05-05:00

You can’t request BAH for a girlfriend.

Response by Lt Col Jim Coe made Dec 23 at 2020 1:20 PM

2020-12-23T13:20:20-05:00

The soldier's best choice is to do the right thing and marry his baby's mother. Once married, I assume the soldier's spouse will be entered into DEERS and he will be allowed to move out of the barracks and collect the with-dependents BAH rate. Not exactly the best way to start a marriage, but it has a chance to work. IMO best option financially for all involved.