So this is the best place I could find to put this...
I have "heard" that if as a spouse you move home to mommy and daddy during deployment you are required to pay the average rent for a similar home in the area of your husband's duty station or be forced to repay all bah received during that time.
It sounds like a load to me, but before I tell this scared wife in our unit otherwise, I wanted to do some checking. I've tried to reach JAG but to no avail, they are apparently quite busy today....
_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_ Advice... Go upstairs, grab your big girl panties, and put them on....
Posts: 275 | Location: Fort Campbell, KY | Registered: 15 February 2008
I work legal so let's see I will tell you from what I get from your post.
If a spouse moves home while the service member is deployed you receive BAH based on the amount of where the service member is stationed. Example you are stationed in Fort Bragg and you move to Brooklyn, NY. Well, you receive BAH for Fort Bragg. Why would you be forced to repay BAH? It doesn't matter if you live on the Brooklyn Bridge you will still receive bah, but you won't get anything more than what is given at Bragg.
Soldier's BAH amount isn't the issue. Soldier stationed at "fort blah", deploys, spouse moves home, doesn't pay rent to parents because she is trying to save money. Soldier is now being Articled and BAH during his deployment is being recouped due to BAH fraud solely because spouse did not pay rent to anyone. She says that they are being told her soldier is not eligible for BAH, if it's not being used for rent or utilities, i.e. staying with mommy and not paying rent....
This is what I'm being told, I think there is more to it, they must've lied to someone about something to receive the incorrect amount or something.
_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_ Advice... Go upstairs, grab your big girl panties, and put them on....
Posts: 275 | Location: Fort Campbell, KY | Registered: 15 February 2008
How would they know that she didn't pay rent? Did the parent's call and complain that they weren't being paid rent? This is really weird. My Sister is married to an Officer. She lived with my Mom and Dad. She was pregnant and lived with them for 8 months (don't ask me why?)She did not pay rent to them, but did buy food, paid expenses stuff like that. I guess no one knew that she didn't write a check to my mom every month for rent. Something is off here. I think you hit it right on Target. Somewhere along the way they lied about something or there is more to the story. I know tons of people who move home while their spouse is deployed and have not paid rent. If you find out the circumstances let me know. This is the first I have heard of this. WEIRD. Sorry I didn't get your post the first time. I misunderstood it.
BAH rate remains at home station rate, even if dependents relocate. Rate varies by rank, dependent status and assigned permanent duty station.
Soldiers entitled to BAH before deployment generally continue to receive BAH unless other circumstances change (e.g. commander revokes authority to reside off-post)
Likewise, soldiers not entitled to BAH before deployment generally continue non-receipt unless other circumstances change (e.g. spouse uses POA to clear government quarters)
Special storage of household goods (HHG) does not impact receipt of BAH. Soldiers may draw BAH and store HHG even if not maintaining a residence as long as authority to reside off-post remains.
Easy fix, when you move back with your parents, come up with an agreement (on paper) that states you will be paying "x" amount of money to them for rent/utilities every month...get it notarized and send it to finance, problem solved.
Lead by Example!!!
Posts: 1234 | Location: Somewhere in the US | Registered: 13 September 2007
Originally posted by TransAm95NCO: Easy fix, when you move back with your parents, come up with an agreement (on paper) that states you will be paying "x" amount of money to them for rent/utilities every month...get it notarized and send it to finance, problem solved.
Here's the thing with that though, she saysthat they told her if she did that then they would look into her parents tax files and if they didn't file it but they sign the "lease" then they could get in trouble for tax fraud. Another thing is that you aren't required to provide a lease to obtain BAH, you just have to have approval to live offpost, so I don't see where finance would even have a hand in it. Apparently she pissed someone off and they went to the coc with all this.
Somewhere along all of this I think they lied to someone about something because I did this same thing last deployment (and now advise against it, I truly about lost my mind!) and the command knew about it but never said a thing.
It's just pure insanity is what it is, someone is lying, eventually it will come out....
_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_ Advice... Go upstairs, grab your big girl panties, and put them on....
Posts: 275 | Location: Fort Campbell, KY | Registered: 15 February 2008
Whiskey Wife you are so correct about the Tax thing. If you sign a paper saying you will pay so much to someone. That someone has to report that on their income taxes. Your also right about not having to provide a lease you must just have approval to live off post. Do you think the Army has time to go and check to make sure everyone writes a check to cover Rent? You and I know that is a No. There is more to the story here. I have to agree with you someone is lying.
I just got off the phone with My friend from Bragg who does the Pre-Deployment briefings for the 16 Mp Brigade. He told me that the spouse is allowed to live with the parents and still collect BAH. The BAH is given to you to maintain housing off post no matter where it be. Those were his exact words. When I get to work tommorow (NO 4 Day for Me) I will PM you the regulations for this and maybe you can email it to this wife and maybe get a little more to this story.
Very shady stuff! I am married and received BAH while I was deployed and my command has never even seen my wife or heard me speak my wifes name. I maintained no house or apartment in the states while I was deployed and pocketed all of that BAH. It's done all the time. Someone p***** in someones Cheerios!
"Sic Vis Pacem Para Bellum"
Posts: 193 | Location: Fort Hood | Registered: 10 December 2007
Originally posted by gduts1: dude you're good. got paid $880/month for my wife to live at my grams while I was deployed.
your the same guy who is wondering how much you have to give her while you two are "separated" and how long you can stay separated without getting a divorce....interesting...
Lead by Example!!!
Posts: 1234 | Location: Somewhere in the US | Registered: 13 September 2007
This is good info. I'll be getting married this October and I'm sure I'll deploy sometime in the near future (when I get married I'll still have 3.5 years left....). When I get deployed, my (future) wife is planning on moving back home to be near her family. She won't necessarily live at home, but she'll at least be in the same city to be close to her family and my family.
So what I'm getting is that regardless of where she lives, we will continue to receive BAH/BAS based on my duty location. Thanks for the info, everyone. Man I love the internet....
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