Navmc 11346 Form – Fill Out and Use This PDF

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DEPENDENCY DETERMINATION AND BAH MANUAL

INTRODUCTION

0000. AUTHORITY. Under 37 U.S.C. 401, a member of the Armed Forces who is entitled to basic pay is entitled to BAH when the Government does not provide adequate family quarters for the member and the member’s dependents. If a member does not have a dependent as defined in reference (a), the member may be entitled to BAH at the “without-dependent” rate. If a member has one or more dependents, the member may be entitled to BAH Without Dependents and BAH DIFF when monthly child support is paid. BAH DIFF entitlement is based on child support only.

0001. ELIGIBILITY. Reference (a) contains information relative to eligible dependents and those considered eligible for BAH purposes. Eligible dependents include spouse, parent(s), parent(s)-in-law, step- parent(s), adoptive parent(s), in loco parentis, legitimate child(ren), stepchild(ren), incapacitated child(ren), adopted child(ren), pre-adopted child(ren), child(ren) from the age of 21 to the date of their 23rd birthday who are enrolled in a full-time course of study in an institution of higher education, dependent child(ren), and court appointed wards.

0002. COMMANDING OFFICERS. Commanding officers are defined by this Manual as those officers who are responsible for the input of information into the Marine Corps Total Force System (MCTFS) by the assignment of a reporting unit code.

0003. NONELIGIBLE DEPENDENTS The following are noneligible dependents for BAH purposes:

1.Divorced spouse of the Marine, regardless of whether alimony was awarded.

2.A child not related to the Marine by blood or marriage, unless adopted by the Marine.

3.A stepchild after divorce of the Marine from the natural parent, unless adopted by the Marine. (NOTE: The relationship of the step- child(ren) does not dissolve upon the death of the natural parent if the stepchild remains in the Marine’s household.)

4.A Marine’s child who is adopted by a third party.

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0004 DEPENDENCY DETERMINATION AND BAH MANUAL

5.Brothers, sisters, aunts, uncles, grandparents, or any other relative, unless such a relative qualifies as a court-appointed ward or stood “in loco parentis” for a minimum of 5 consecutive years prior to the Marine becoming 21 years of age.

6.Stepparent after divorce from the natural parent, unless an “in loco parentis” relationship exists. (NOTE: The relationship of the step- parent does not dissolve upon the death of the natural parent if the stepparent remains financially dependent upon the member for over 50 percent monthly support and the stepparent does not remarry.)

7.A dependent supported and claimed for BAH purposes by another U.S. servicemember.

8.Another active duty member of the Armed Forces, a Dependency Application, NAVMC Form 10922, is not required when a Marine is married to another active duty member of the Armed Forces and no other dependents are involved.

9.A disabled child, unmarried, and over the age of 21 may be eligible for other benefits only if incapacity was incurred prior to attainment of that age, and the child is, or was at the time of the members death, dependent upon the sponsor for more that 50 percent of the child’s support.

0004. DETERMINING ENTITLEMENT TO BAH. Reference (a) designates the authority for determining relationship or dependency for BAH. The provisions of the Department of Defense Financial Management Regulation (DODFMR) must be strictly followed to prevent the erroneous payment of Government funds, and the undue hardship on the Marine resulting from recoupment of overpayments.

0005. WAIVER OF THE REQUIREMENT TO SUPPORT DEPENDENT SPOUSE SUBSEQUENT TO RECEIPT OF BAH. Reference (b) at Chapter 15 established the Marine Corps policy regarding the financial support of family members. It also provides a process whereby a Marine may request a modification of the spousal support standards established therein. Marines are obligated to support all of their lawful dependents when that Marine is receiving BAH. BAH entitlement is contingent on the Marine providing adequate support to dependents. If a Marine believes that the spouse no longer warrants support, the commanding officer, on behalf of the Marine, may request a waiver of the requirement from the General Court Martial authority.

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0006. COMPLAINTS OF NONSUPPORT AND INADEQUATE SUPPORT OF DEPENDENTS. Complaints alleging inadequate support of family members shall be directed to the commanding officer of the Marine concerned in accordance with the provisions of Chapter 15 of reference (b). Generally, proof of support of a lawful spouse or child of a member is not required. However, when evidence (e.g., special reports; record reviews; fraud, waste and abuse complaints; sworn testimony of individuals; or statements by member) or complaints from dependents of nonsupport or inadequate support are received, proof of adequate support will be required. Note that failure to provide adequate support to a dependent on whose behalf BAH is being received, may render the Marine ineligible for BAH under applicable regulations. See Department of Defense Financial Management Regulation (DoDFMR), Paragraph 260406.B.

0007. WAIVER OR DECLINATION OF SUPPORT. The submission of a written statement by a lawful spouse waiving or declining support for himself/ herself and child(ren) will be considered sufficient authority to terminate credit for BAH. The issue of support waivers is addressed in Chapter 15 of reference (b).

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DEPENDENCY DETERMINATION AND BAH MANUAL

CHAPTER 1

MEMBER’S SPOUSE AND CHILDREN/WARDS