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P. Simmons, Military Lawyer
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BAH (Basic Allowance For Housing)

What is BAH?

Basic Allowance for Housing is the newest description of a military course dating from 1878 in which service associates are supplied administration quarters or a money replacement when quarters are busy. Over nine hundred thousand service associate posted in the United States obtain BAH. Service associates with relatives could get quarters on the base or a BAH (basic allowance for housing) to lend a hand and pay for lease or mortgage off base. Listed below are five of the top BAH Questions that have been answered by the Experts.

If someone lives in military housing, will the military add BAH to the party’s child support even though they do not even receive that money?

Child support decisions determined by each state and sources of income. If someone is getting a benefit that could be utilized as income, the court could use that as means of support and take that into consideration when deciding how much the individual needs to be obligated to pay out in support.

If someone is entitled to BAH benefits but are not receiving it from their spouse what right do they have to collect?

The individual could get in touch with the commanding officer. The commanding officer could make sure that the spouse abides by the services rules concerning payment of BAH to aid dependents.

If someone is an E3 that had an annulment, are they entitled to BAH?

Individuals cannot obtain BAH if they are not married. The individual would need to tell the Military at the time of the divorce or annulment and they would discontinue the benefit. If the person receiving the benefit does not turn in that they are no longer married, this could be considered fraud. The divorce will not call for returning the BAH that the individual legally collected throughout the duration of their marriage.

Can someone be ordered to pay child support while they are deployed if their spouse is already receiving BAH?

In most cases, it would be hard to file a motion for child support while someone is deployed, simply because they would have to get a order for child support and in order to do that the person would need to be served a subpoena. As well the spouse would have to show the court that the BAH benefit is not adequate child support. As well, the Service Members Civil Relief Act provides you protection from being "hauled into court" for just this reason (to protect you and allow you to focus on your job while deployed).

If someone submitted a Stop BAH Request, and it was not processed by the clerk at HQ, it took 24 months for DFAS to finally process the request to stop. Now the person has a huge debt to DFAS, can they set up a payment arrangement? Or, will they just get a no pay due until the debt is paid off?

In most cases, DFAS should allow the individual to make monthly payments if it can be proven that it was not the person’s fault that the request was not processed in a timely manner. The individual could also appeal this throughout the individual’s chain of command to support the appeal then the DFAS would possibly agree.

BAH also known as basic allowance housing is a very complex topic with many legal implications that some in the Military may not know all the laws. Many times consulting an Expert on the matter may help bring better understanding.

Ask a Military Lawyer

P. Simmons
P. Simmons, Military Lawyer
Category: General
Satisfied Customers: 11991
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
11181181
Type Your Military Law Question Here...
characters left:
Military Lawyers are Online Now

How JustAnswer Works:

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Military Lawyers are online & ready to help you now

P. Simmons
Military Lawyer
Satisfied Customers: 11441
Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Allen M., Esq.
Lawyer
Satisfied Customers: 4035
Lawyer and current JAG officer.
Marsha411JD
Lawyer
Satisfied Customers: 1149
Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG

Recent BAH Questions

  • Involuntary Severance Package

    My brother was just offered an involuntary severance package. Is there a way for him to go around it? He's spent about 14 years in the marines so far. He wants to finish his 20 years so he could get the full benefits. He doesn't want to leave. Is there a way to avoid taking the package. Is he jeapordizing his standing if he refuses it? What are his options if he doesn't accept the severance package?
  • I'm 80 and in good health. That being said I received a 39-17 63

    I'm 80 and in good health. That being said I received a 39-17 63 years ago from the USAF. My service record ( work related) was good, and since that time I've been successful with no character related issues. For example I've mentored students at a local University with honors. The circumstances were a series of minor issues . . . I guess the most serious being, I had an apartment off base as well as my bunk in a barracks and was caught once coming and going at the wrong time. I joined during the Korean war and did not get discharged until after the truce. My commander made me an offer to get out and I took it not realizing the ramifications at 18 years of age. I want nothing from the USAF but I would like to get this expunged/or reclassified before I die, for my legacy for future generations. I'm looking for a Lawyer who has experience an success.
  • I was a GPC holder (my card has since been destroyed) and there

    I was a GPC holder (my card has since been destroyed) and there are charges on the account dating back for approx 6 mo for a local hotel (LIK). I was unable to pay the vendor due to my BO not certifying his acct; he has since left the military and civilian service. The BC has now initiated a 15-6 investigation with regard to the past due charges and my PCS may be postponed...all the charges are legitimate.
    what are my rights/responsibilities when questioned by the IO?
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