My son is in the reserves. He is currently in AIT. He has a child,but is not married to the mother or in a relationship with the mother.Can someone explain to me about the BAH housing allowance. Is she suppose to recieve this, or is it money that he gets because he is a single parent in the military. She says that it is money for her. Can someone explain this to me.
Posts: 2 | Location: USA | Registered: 22 January 2013
BAH is for the dependents, not him...in saying that he needs to go to JAG, they will tell him exactly how much he should be giving her...he will NOT get money for being a "single parent"...crap he is not even a single parent, the mother is as she is the one that has the custody...and if he joined and did not disclose that he had a child and not married, he could fall under fraudalent enlistment as last time I checked "single parents" cannot join the Army or Army Reserves...so either he is a single parent and lied or he is not a single parent...
Lead by Example!!!
Posts: 3914 | Location: Somewhere in the US | Registered: 13 September 2007
Just like TransAm95NCO said, you son's first step should be legal assistance office.
The BAH (basic allowance for housing, and not for mother of your child/girlfriend/ex-girlfriend/whatever) is to pay for housing of the family that is WITH the soldier at the duty station. In case with your son, if his AIT is shorter than 24 weeks, I think, then the family is not authorized to be there and soldier will draw BAH at the rate for the location where his family is. Since your son is not married the only way he'll draw BAH is if he has partial custody of a child and the money will go toward the housing. Any other monetary obligations to the mother can only be a result of the court order.
I feel like I'm missing something in this thread. Were posts deleted?
In reading Autobahn's post, it sounds like there is some question as to if the child is his.
Peacemaker is correct about the BAH location.
Read AR 608–99 and go see JAG.
Here is an excerpt from the AR that may help clarify things...or confuse them, it is an Army regulation.
2–6. Financial support required in the absence of a financial support agreement or court order a. Application. This paragraph applies in the absence of a financial support agreement or a court order containing a financial support provision and until such an agreement is signed or such an order is issued. Allegations or even proof of desertion, adultery, or other marital misconduct, or criminal acts on the part of a spouse will not excuse a soldier’s obligation to comply with the provisions of this regulation unless a battalion commander or a SPCMCA has released the soldier under the provisions of paragraphs 2–14b(4) and (5) or 2–15. b. Pro-rata share. Under this paragraph, when the term "pro-rata share" is used with regard to BAH II–WITH, the amount of each such share of BAH II–WITH is calculated using the equation in figure 2–1. (see AR) c. Calculation. The "total number of supported family members" in the denominator of the fraction in figure 2–1 includes all family members (regardless of residence) except the following: (1) A soldier’s former spouse, regardless of whether the soldier is providing financial support to the former spouse. (2) A soldier’s present spouse who is on active duty in one of the military services, unless financial support is required by a court order or written financial support agreement (see para 2–6d(4)). (3) A family member for whom the soldier is not required to provide financial support under this regulation or for whom the soldier has been released by his or her commander from the regulatory requirement to provide financial support pursuant to paragraph 2–13 or 2–15. d. Single-family units. (See app B, para B–4.) (1) Family unit not residing in Government family housing. The soldier will provide financial support in an amount equal to the soldier’s BAH II–WITH to the family unit. (2) Family unit residing in Government family housing. While the soldier’s family members are residing in Government family housing, the soldier is not required to provide additional financial support. When the supported family member(s) move(s) out of Government family housing, the soldier will provide BAH II–WITH. (3) Family members within the family unit residing at different locations. The soldier will provide a pro-rata share of BAH II–WITH to each family member not residing in Government family housing. The soldier is not required to provide additional support for family members residing in Government family housing. (4) Soldier married to another person on active duty in one of the military services. In the absence of a written financial support agreement or a court order containing a financial support provision, a soldier is not required to provide financial support to a spouse on active duty in one of the military services. With regard to a soldier’s child or children (from that marriage or a prior marriage), a soldier will provide the following financial support in the absence of a written financial support agreement or a court order containing a financial support provision: (a) If the soldier does not have custody of any children, and the children do not reside in government quarters, the soldier will provide BAH–DIFF to the military member having custody of the child or children. (b) If the soldier does not have custody of any children, and the children reside in Government quarters, the soldier is not required to provide financial support to the military member having custody of the child or children. (c) If the soldier has custody of one or more children, the soldier is not required to provide financial support for a child or the children in the custody of the other military member. e. Multiple family units. (See app B, para B–5.) (1) A soldier will provide financial support for each family unit and family member in the following manner: (a) Family members covered by court orders will be provided financial support in accordance with those court orders. (b) Family members covered by financial support agreements will be provided financial support according to those agreements. (c) Family members residing in Government family housing who are not covered by either a court order or a financial support agreement will not be provided additional financial support. (d) Each family member not residing in Government family housing and who is not covered by a court order or a financial support agreement will be provided a pro-rata share of BAH II–WITH. (e) If the soldier’s present spouse is on active duty in one of the military services, the requirements of paragraph 2–6d(4) apply. (2) The amount of financial support provided pursuant to a financial support agreement or a court order covering one or more family units or members does not affect the calculation of the pro-rata financial support required under this regulation for the financial support of any other family units or members not covered by such agreement or order (see app B, para B–5a).
Posts: 275 | Location: Djibouti | Registered: 17 May 2010