Can a noncustodial parent claim a child as their dependent to get BAH 2?

Question

If so what requirements must be met in order for the servicemember to claim their child as a dependent to get a higher rate BAH? The situation I am referring to is one where they are claiming BAH 2 and is the non custodial parent of a child whom they pay child support on. However, the child does not live with this service person and only comes over to visit 10 times a month. Is that enough to get BAH 2 or would this be fraudulent?

Answer 1

If you have a non custodial child,

And are not collecting BAH,

Then you can collect BAH Type ll.

Which is only around $200.00 a month.

But you are expected to use that money to support the child

In addition to any court ordered child support payments.

IE: you cannot claim it, to give yourself more money.

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If you are collecting BAH already, either because you have other dependents,

Or because of a shortage of barracks space.

Then you cannot also collect BAH Type ll.

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You either get BAH or BAH type ll, but never both.

10 visits a month, would not qualify you for BAH.

Answer 2

This may help you understand BAH DIFF better...

http://www.defenselink.mil/militarypay/p...

BAH-Diff

BAH-DIFF is the housing allowance amount for a member who is assigned to single-type quarters and who is authorized a basic allowance for housing solely by reason of the member's payment of child support. A member is not entitled to BAH-DIFF if the monthly rate of that child support is less than the BAH-DIFF. BAH-DIFF is determined by the SECDEF and was equal to the difference between BAH-II with dependents and BAH-II without dependents in 1997 for the member's grade. BAH-Diff is published annually and is determined by increasing the previous year's table by the percentage growth of the military pay raise. For more information contact your finance office or consult Section 260416, Chapter 26 FMR.

Answer 3

Yes, that person should be eligable for BAH 2. That amount would then be included when the courts make calculations for child support.  If you have a court ordered support agreement, make sure to inform them of the BAH so they can adjust the payments.