Entitlement to BAQ at With-Dependent Rate

An advance decision was requested concerning the payment of a military member's claim for basic allowance for quarters (BAQ). The member, married to a military member, occupied Government family quarters with their dependent child. The male member also had a child by a previous marriage for whom he paid child support and who was in the custody of the former spouse, a civilian not living in Government quarters. Upon a permanent change of station, the male member vacated the Government family quarters while the female member remained there with their dependent child. It was asked whether the male member may be paid basic allowance for quarters at the with-dependent rate based on the dependency of the child of his former marriage. Under legislation, entitlement to BAQ accrues to every member by virtue of his or her status as a member of the uniformed services if quarters are not provided by the Government. It has been held that when two members are married to each other, both are not permitted to claim the same dependent to qualify for BAQ at the with-dependent rate, and where a member is married to and residing with a member only one may draw BAQ at the with-dependent rate even though some dependents may live outside the household and others live within the household. However, in this case where the members are living separately due to their military assignments, although married to each other, BAQ entitlement should be determined on an individual basis. It was held that the female spouse was not entitled to BAQ, because she and the dependent child occupied Government quarters. The male member was living in non-Government quarters and qualified for BAQ. Since he had a dependent for whom he provided support who was not residing in Government quarters, he was entitled to BAQ at the with-dependent rate. Accordingly, the Military Pay Order was returned for payment.