Do You Get Bah If You Are Divorced
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However a divorce may impact the amount of BAH you receive and in some instances may terminate your BAH altogether. Family law attorneys will advise their military clients that upon divorce the service member may lose the status of having dependents and instead be assigned to single-type government quarters in which case heshe would no longer be eligible for BAH.
Receiving A Bah After Getting Divorced Legalzoom Com
Divorce can affect BAH in a variety of ways.
Do you get bah if you are divorced. When you are in military housing and separated from your dependents you get BAH-Dif. Additionally you may be entitled to some BAH amounts if you are residing separately from your. No you cant get the Post 911 GI Bill housing stipend if your ex-spouse is still serving and drawing BAH.
If you continue living off-base youll receive the BAH-WITHOUT rate rather than the BAH-WITH rate because you no longer have a dependent -- your spouse. You can apply for separation or. The child support order should be at least as much as the BAH-dif or it should be modified.
Absent child support whether or not he continues to gets BAH or not really doesnt matter for after the divorce the Divorce Decree has already established who owes who what. If you and your spouse have no children together and if you are the service member youll continue to receive BAH post-divorce provided you dont move into single-unit government housing. Not in a government-provided home.
For basic training or technical schoolAITA-School you will receive the BAH amount for the location where your dependents are residing. BAH with dependents is the same regardless of the number of dependents so a military service member will receive the same BAH allowance with just a spouse and as with a spouse and multiple children. BHA offsets the cost of housing when members live off-base.
To answer your questions directly the answer is it depends The servicemember continues to rate BAH Type II unless heshe is legally separated. If you are divorced and have legal and physical custody of your children you are authorized BAH at the with-dependent BAH rate if not assigned adequate family-type GOVT QTRS. After that the decision on BAH depends on several factors.
Now if your spouse chooses not to receive BAH then you would be eligible for the housing allowance. If your former spouse has custody and you are paying adequate child support at least in an amount of your BAH-DIFF rate you are authorized BAH at the with-dependent rate if not in Govt quarters or BAH-DIFF if assigned single-type Govt quarters. Whether the Service person is living off-base Whether child support is more or less than the difference between single and dependant BAH.
Does anyone know if that matters since our son is through marriage and his daughter is not and he gets the BAH because he is married and kids. Divorce affects BAH in a variety of ways and the exact situations can get very complex and vary from case to case. After you are divorced it is up to the agreements decided upon by the lawyers and courts whether you have to pay alimony or not.
Once you are divorced you will only receive BAH wo dep unless you have children. However if you are not married or divorced and are paying child support you do not receive full-rate BAH while living in the barracks. You might also be able to annul the marriage.
Learn the BAH Basics. My husband and I are seperated and he is in Iraq he has a son with me and a daughter from a previouse relationship. For instance during marriage the service member may receive BAH to provide for housing for hisher spouse and children.
Under most circumstances you receive BAH for the location where you are assigned not where you live. In this case special rules apply and the member receives BAH-DIFF. That is the official policy of the VA.
I was wondering I was told I am entitled to all of the BAH but he says I am not since he has two kids. Secondly you must support your spouse as long as heshe is your spouse. If you are getting a divorce you can still receive BAH in most cases.
If you do not want a divorce you can get a legal separation so you can live apart without ending the marriage. Some complications such as.
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