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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 33101
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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My ex husband is active duty army, I am an army reservist.

Customer Question

my ex husband is active duty army, I am an army reservist. we got divorced and per our divorce decree we have joint physical and legal custody. we do not pay each other anything but maintain our own bills in our separate houses. we have a minor child. he has been claiming bah with dependents. this makes it so I cannot during my reserve time claim with dependents. we each have 50/50 physical custody. how is he able to claim the with dependent rate for the entire month and not provide any of that to me? I thought you could only claim with dependents for the time the child is physically with you? or you had to have 51% to claim the entire month. he pays me no support per our agreement but I thought army regulations stated in order for him to be entitled to bah with dependents he has to have court ordered child support or maintain 51% physical custody.i am also reading that his support has to meet or exceed the bah with diff rate in order for him to qualify for this benefit. am I missing something?
JA: OK. The Military Lawyer will need to help you with this. Have you talked to a lawyer yet?
Customer: no
JA: Anything else you think the lawyer should know?
Customer: he is about to pcs from MA to TX. our arrangement is going to change to me getting full physical custody. how do we do this legally? can he then be forced to pay support? I really screwed myself with our divorce decree since I just wanted out. I am regretting walking away with nothing
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Military Lawyer about your situation and then connect you two.
Submitted: 5 months ago.
Category: Military Law
Expert:  P. Simmons replied 5 months ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.
I am sorry for this dilemma. But not sure I understand your specific question. Do you have a question regarding this?

Customer: replied 5 months ago.
My question specifically is does the army authorize a soldier to claim bah with dependents when they only have a child 50% of the time and pay zero child support
Expert:  P. Simmons replied 5 months ago.

Thank you

The answer is yes...if the soldier has the child at least 50% of the time (per court order) they can qualify for BAH. That BAH amount can be considered for calculation of support.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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