Military (BAH) Housing Allowance?

Question

Will I still receive my same BAH when I get divorced. We have a child and I support him. Since he is still my dependent I should keep housing with dependents. If I drop down to housing with out dependents this will be a VERY expensive divorce

Answer 1

You can only get BAH dependant rate if he lives with you at least 183 days out of the year. (1/2 year + 1 day) If he lives with his mother the majority of the time, then yes... you will be going to single rate.
It's the same with gov't housing. You only get a bedroom for the child if he lives with you at least 183 days.

Sorry.

Answer 2

No you will not be able to keep you BAH after the divorce, unless you have full custody of the children.

What BAH rate you will get, will be determined on where you live.

If you live off post, then you can continue to receive the full BAH rate.

But, you will have to pay for your housing and pay child support cost out of it. BAH can be used by the Court to set child support rates.

If you live in the Barracks, then you cannot collect full BAH, you will then collect the BAH-DIFF.

That is the difference between the BAH ll , single rate and with dependent rate.

E-4 - $179.10
E-5 - $206.70
E-6 - $243.00

I provided two links below which helps explain it.

But basicly, the military is not going to provide quarters to you and pay you BAH at the same time.

Answer 3

To be able to give you the best answer, more information is needed. What branch and rank are you? Will you have more than 50% custody?

The basic answer, is you will receive what is called BAH-DIFF since you will be paying child support. The issue of still being a dependent does not matter, only if the dependent resides with you. Talk to your finance office, they can answer all the questions with more specifics based on your situation.

Answer 4

As long as you have a dependent that has to live with you at least some of the time, you will still receive BAH. My friend was able to draw BAH even when her son only lived with her for 1/2 a year. p.s. make sure you have a family care plan!!!

Answer 5

depends on the custody arrangements, if you share custody or keep full custody, yes. if you lose custody altogether and just have visitation, you may have to justify to your command being able to keep BAH w/D. Otherwise, with a CS court order, you would get BAH DIFF

In order to keep MFH after a divorce, you would need to show that you have the child at least half time.

Answer 6

the difference (at least in the air force) is the wording in the divorce agreement. when my husband and his exwife got divorced the papers said she had custody for all statutory purposes (namely taxes) and she had physical custody but he got visitation....they cut him down to single rate then gave him BAQ differential ( to go towards his child support) but they allowed himto stay living off base (his rank and being single he should have been moved to the dorms) because the court documents stated in order to get overnight visitation he had to maintain a private residence. if you get custody or have your child more than half the year you get full dependent rate BAH or get to keep a 2 br on base.

Answer 7

Back in the day it was if you have custody, actually live with you, of your child you kept your BAH. Sorry to hear about your divorce but why should my taxes go to help pay for it?

Answer 8

If your child is listed as your dependent you will get full BAH, otherwise you will get the single rate

Answer 9

I believe that if you have any custody (even one day a year) you will have BAH with.

I don't know this from the reg but I had a soldier who told me that is why he had it.

I personally think All soldiers should get the same rate

Answer 10

As long as you can file him as a dependant your BAH won't decrease. Make sure your Ex doesn't file him as a dependant