Mil to Mil marraige with dependent, please help!

[NavyTech87]

Here's the information on my fiance and I; I'm an E5 recieving single BAH and she's an E4 under 4 with a dependant (child from past marraige) recieving BAH w/dependents. We're both sea duty.

When we get married, would she get dependents because of her child and I still get single, or would I "take" her BAH w/dependents and she get single? Would we both even still get BAH or would she stop getting it if I claimed her child as a dependent?

I'm just confused with whether or not we still both get BAH or if only I do since she's under 4yrs.

Please help!

[CrustySMSgt]

You are an NCO, and are opting to seek advice on an internet message board, from those who may or may not have the right answer...? :confused:

Seems to me calling the agency that handles your pay would probably get you the quickest and best answer... or get into the regs and find the answer...

Beyond that advice... I've got nothing.

[NavyTech87]

Unfortunately I'm on my way to an IA and have a million things to take care of, it seemed like there was a few knowledgable people on here so I figured I'd pick their brains. Eventually though yes, I will contact some yeomen when I get a chance.

[CrustySMSgt]

OK, now that I'm done being a hard-ass... lol

Found a story that gives these rules for both to keep BAH:


To receive the benefit, eligible Sailors must meet all of the following criteria:

Both are E-5 and below
Both assigned to sea duty
Have no other dependents
Share the same household
Have declined government quarters

http://www.navy.mil/cck/NNS040315-02.pdf

These rules don't apply, since she has a dependant.

Had to get in the weeds in the JFTR...

Here is the scoop straight out of the reg:

4. Member married to member in grades E-5 and below and each is assigned to sea duty. On or after 1 October 2003, two Uniformed Services members in grade E-5 and/or below who are married to each other, have no other dependents, and are simultaneously assigned to permanent (sea) duty are each authorized BAH or OHA at the without-dependent rate applicable for their appropriate grades. Service regulations do not affect this authorization.


Here is what it says about who can get dependant rate based on children from a previous relationship:
A. Children from Previous Relationships. When one or both members are authorized housing allowances for a child(ren) from a previous relationship marry and are stationed in the same area, all of the children are one class of dependents. Therefore, only one housing allowance at the with-dependents rate (including BAH-DIFF) is payable. Any child(ren) born of their marriage, or adopted by them, is within the same class of dependents for housing allowances purposes. However, if the member elects to stop receiving a housing allowance at the with dependents rate, then the other member may claim the children for housing allowance purposes. A relationship determination is required, but ordinarily a dependency determination is not. In all instances of a member having a spouse on active duty, full details must be given showing the spouse’s full name, social security number, duty station, and branch of Service. This does not apply to two members living together but not married. These members are each authorized a housing allowance based on each member’s dependents.

Here is the JFTR (reference chapter 10): http://perdiem.hqda.pentagon.mil/perdiem/jftr(ch1-ch10).pdf

Seems to me the ruling would revert back to each of you as a standalone, and since you have an authorized dependant, one of you should get the w/dependant rate, and one would get single rate... but that is just my guess... get with finance and get the straight scoop.

[lisamarietuck]

Hello. Great job. I did not expect this on a Wednesday. This is a great story. Thanks!

[SailorDave]

Whomever has the dependent on their Page 2 is who claims them. She would have to drop the dependent and you would have to claim it. Then, you would receive the w/dep rate and she would drop to single rate. The Page 2 is the determining document.

That being said, you may not legally be allowed to claim the dependent if it isn't yours by blood unless you formally adopt it. As the Chief said earlier, only your PSD can answer these questions completely. But, at least you have a bit of information to help you.

[Shaken1976]

My husband and I are mil to mil. (Air Force) When we got married I dropped my daughter and he picked her up as a dependent since he outranked me and would get the higher BAH. Now we are both the same rank. He receives BAH W/dep and I receive regular BAH.

I would assume it would work the same in the Navy.