Wondering if this is even a thing.
- remarried with children
- child with ex wife
- if orders are cut for oconus and child remains in US with ex spouse will the service member receive BAH to help with child support
- would be accompanied PCS for USMC
Posted by Solid-Ad-9496
2 Comments
Yes, a service member can still receive BAH while OCONUS, even if their child remains in the U.S. with an ex-spouse, but certain factors apply. Specifically:
Dual BAH: The service member may be eligible for BAH based on their dependent’s location (where the child resides in the U.S.) even if they are stationed overseas. The amount would be determined by the location of the dependent (the ex-spouse and child).
PCS Accompanied: If the orders are for accompanied PCS (Permanent Change of Station), the service member would typically receive OHA (Overseas Housing Allowance) for their own housing needs while overseas. However, BAH could still be provided for the location where the dependent child lives in the U.S. This is often referred to as “with dependents” rate and would apply to where the dependent(s) are residing, not the service member’s overseas location.
Child Support Considerations: Child support agreements and obligations could impact the calculation or justification for continuing BAH payments for the dependent child. The service member should ensure that their orders and dependent support paperwork clearly document the living arrangements.
Ultimately, the service member should review their specific orders and consult their personnel office or finance office to get a definitive answer based on their situation and current military regulations.
The general rule on having dependents in multiple locations is
10.2.2.4. Multiple Dependent Locations. In instances when dependents are in multiple locations, the Service member must designate the dependent’s primary residence. The housing allowance rate is based on this primary residence.
When you have accompanied orders and your dependent’s move with you, you will get a with dependents allowance for your duty location. There is not a way to get a second housing allowance for another dependent who does not join you.