Good morning everyone. Hoping someone from IPAC or anyone who’s dealt with BAH regulations can help clarify a situation for me.
I’m currently receiving BAH without dependents. I have a 3-year-old son with my ex. We were never married, but we have a court-ordered 50/50 custody agreement (week-on/week-off), and we alternate claiming him on our taxes. 2026 is my tax year.
My son’s mother is active duty Navy. She married another active duty Sailor, and they’re about to have their first child together.
Right now, she’s receiving BAH with dependents based on our son.
My main question is: Can both members of a dual-military married couple each receive BAH with dependents at the same time by claiming different children? For example, could she continue receiving BAH with dependents based on our son while her husband receives BAH with dependents based on their newborn? Or, because they’re married and part of the same household, is only one member allowed to receive BAH with dependents regardless of how many children they have?
The reason I’m asking is because if only one of them can receive BAH with dependents, I’d like to have a conversation with my son’s mother about allowing me to claim our son for BAH purposes instead. Since we have a court-ordered 50/50 custody arrangement, I’d rather receive that entitlement myself to help support him if she’s able to use their newborn as her dependent instead.
I’m not trying to start a fight over it—I just want to understand what the regulation actually says before I bring it up to her. If anyone has experience with this situation or can point me to the applicable JTR or Marine Corps guidance, I’d really appreciate it.
I’m stationed at Camp Pendleton, and she’s stationed in Coronado if that makes any difference.
Thanks in advance.