Can I still receive BAH with dependents if I have 50/50 custody in a military divorce?

Family

Liz

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To answer your question briefly, having a 50/50 custody arrangement can still allow you to receive BAH with dependents, but there are specific conditions you need to meet. Here’s a detailed explanation to help you understand your situation better:

Understanding BAH with dependents - Basic allowance for housing (BAH) with dependents is provided to service members to help cover housing costs when they have dependents. The key factor is whether you are considered the primary custodian or have a significant role in the children’s lives. (37 U.S.C. § 403)
Custody arrangements and BAH - In a 50/50 custody arrangement, you can still qualify for BAH with dependents if you are recognized as the primary custodian or if your home is considered the primary residence for the children. Since your home is where the children primarily reside and go to school from, this strengthens your case. (37 U.S.C. § 401)
Documentation and proof - Ensure you have documentation that supports your claim as the primary custodian. This includes the custody agreement, school records showing your address as the primary residence, and any other relevant documents.
Consulting with your command - It’s crucial to discuss your situation with your command or the personnel office. They can provide guidance specific to your branch and location, ensuring you meet all requirements to maintain BAH with dependents.
Legal advice and support - Consider consulting with a legal advisor familiar with military benefits and family law. They can offer personalized advice and help you navigate any potential challenges.

Please let me know if you have further questions or need more detailed guidance on any of these steps.

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I am in the military. I am splitting custody with my wife 50/50, 2 weeks on and 2 weeks off. If I split 50/50 with my wife, will I still get military BAH with dependents, or do I have to have them 51/49? Right now I have full custody of my kids. We are filling out the paperwork for a divorce, and I’m trying to fill out the parental agreement to file with the other paperwork.

Lexi, Chatbot

I understand that navigating custody arrangements while serving in the military can be challenging. Can you confirm if you and your wife have already agreed on the 50/50 custody arrangement?

Yes and no. We have been doing 2 weeks on and 2 weeks off for a year, and it has been fine. We agreed to 50/50, but the kids’ main residence is my home as it has been, and they take the bus from my house. My wife drops them off in the morning so they can catch the bus and she can get to work on time. So they wait at my house until the bus comes. Then after school they take the bus to my house and wait until their mom gets off work to pick them up.

So if we have to change it to make it different, I need to know so I can keep getting BAH since my house is the primary home and they won’t have to change schools. My daughter has one more year before graduation, and we agreed she would stay in the same school.

Lexi, Chatbot

Are there any specific concerns or issues regarding the custody agreement that you would like to address?

Yes. If I split custody 50/50, will I still get BAH?

Liz

Hi there! Welcome. My name is Liz and I’ve been an attorney for more than a decade, and I am here to assist with your legal concerns. Just so you are aware, our service is a legal information-only site. No attorney-client relationship is formed from our conversation. So I can best help, will you be paying child support?

Liz

Understanding BAH with dependents - Basic allowance for housing (BAH) with dependents is provided to service members to help cover housing costs when they have dependents. The key factor is whether you are considered the primary custodian or have a significant role in the children’s lives. (37 U.S.C. § 403)
Custody arrangements and BAH - In a 50/50 custody arrangement, you can still qualify for BAH with dependents if you are recognized as the primary custodian or if your home is considered the primary residence for the children. Since your home is where the children primarily reside and go to school from, this strengthens your case. (37 U.S.C. § 401)
Documentation and proof - Ensure you have documentation that supports your claim as the primary custodian. This includes the custody agreement, school records showing your address as the primary residence, and any other relevant documents.
Consulting with your command - It’s crucial to discuss your situation with your command or the personnel office. They can provide guidance specific to your branch and location, ensuring you meet all requirements to maintain BAH with dependents.
Legal advice and support - Consider consulting with a legal advisor familiar with military benefits and family law. They can offer personalized advice and help you navigate any potential challenges.

Please let me know if you have further questions or need more detailed guidance on any of these steps.

Liz

43,836 satisfied customers

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