I am a service member who is divorced from another service member and shares legal custody of the child/children with the former spouse. May both members receive BAH with dependents?
No, both members may not receive a housing allowance based on the same dependent. When the former spouses share legal and physical custody of the child, each parent is authorized BAH at the with-dependent rate during the period the child is actually in the parent’s physical custody. Both parents may not receive a housing allowance for the child during the same period. The rules governing member to member BAH are are found in the JFTR, Chapter 10 – Part C. Q31: May I receive BAH if I am a service member divorced from another service member and do not have legal or physical custody of the child/children, but I am required to pay the former spouse child support? No, A member is not authorized BAH or OHA solely on the basis of the member’s child support payment when the child/children is/are in another active duty member’s custody (including a former spouse), who is assigned to GOV’T owned/leased family-type QTRS (does not include privatized quarters) or is in receipt of a with-dependent h
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