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Thread: Is this BAH fraud?

  1. #11
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    Re: Is this BAH fraud?

    Quote Originally Posted by Seasons View Post
    Perhaps the issue then is if they qualify to be listed as his dependents.
    They are his children. No doubt they are entered in DEERS and have ID cards.

    For example, I have a 20 year old daughter...she is on her own, I no longer support her...she is still a dependent until age 23 I believe.

    Although she isn't my sole dependent, so I don't nec. get BAH for her.

  2. #12
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    Re: Is this BAH fraud?

    Quote Originally Posted by CrustySMSgt View Post
    Unless I'm reading the reg wrong, I think you're wrong:

    http://www.defenselink.mil/comptroll...rch/07A26j.pdf



    According to this the member SHALL pay support as a requisite to receiving with dependant rate, even in the absence of a court order
    260406. Support of Dependents
    A. Proof of Support. The statutory purpose of BAH on behalf of a dependent is
    to at least partially reimburse members for the expense of providing private quarters for their
    dependents when government quarters are not furnished. The entitlement is not to pay BAH on behalf
    of a dependent as a bonus merely due to the technical status of being married or a parent. Proof of
    support of a lawful spouse or unmarried, minor, legitimate child of a member generally is not required.

    When evidence (e.g., special investigation reports; record reviews; fraud, waste and abuse complaints;
    sworn testimony of individuals; statement by member) or complaints from dependents of nonsupport or
    inadequate support of dependents are received, however, proof of adequate support as stated in
    subparagraph 260406.E shall be required.
    According to this the member SHALL pay support as a requisite to receiving with dependant rate, even in the absence of a court order.
    That's not what it says Crusty. "It says IN THE ABSENCE of a court order, the member shall...."

    Perhaps...he has a court order that does not require him to pay anything. Maybe his ex- makes more than he does...? Or she agreed to it to make the divorce easier.


    E. Adequate Support. If the support requirements are not established by court
    order or legal separation agreement, a member shall provide support in an amount that is not less than
    the difference between the “with-” and “without-” dependent BAH-II rates applicable to the member’s
    grade. The amount of support required to retain or receive BAH on behalf of a dependent does not
    necessarily mean that such amount is adequate to meet the policy of the Service concerned as to what
    constitutes adequate support in the absence of a legal separation agreement or court order.
    So...his ex- can probably complain if she either doesn't have a court order or he isn't meeting the court order they have....but either way, I don't think it's fraud.

  3. #13
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    Re: Is this BAH fraud?

    Quote Originally Posted by Measure Man View Post
    They are his children. No doubt they are entered in DEERS and have ID cards.

    For example, I have a 20 year old daughter...she is on her own, I no longer support her...she is still a dependent until age 23 I believe.

    Although she isn't my sole dependent, so I don't nec. get BAH for her.
    I think Crusty's reg was what I was looking for. My understanding of it was always that you only get dependent rates if they are actually, in a way, dependent on you.

    Also, the age at which point you must annually reinstate dependency with a valid reason for it is 21, I believe. The allowance of time is for college students. The cut off may be 23 though, but starting at 21 its no longer an automatic thing, and before that even if the child is removed from one's care and not supported in some way the dependency status should vanish.
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  4. #14

    Re: Is this BAH fraud?

    Kind of reminds me of an old case I investigated years ago...

    Had a guy come in and complain the his soon to be ex-wife was committing fraud beacause she was divorcing him and going after half of his retirement. Now the rest of the story.

    Guy mets girl and lives with girl for about a year. Guy gets orders overseas, Girl had become accustomed to shopping at the BX and Commisary and hanging out at the club with Guy. Guy decides if we marry I can PCS and get BAH and live the high life without a dependent around, Girl decides "I liked the idea of having a id card with no husband". They marry and live apart for the better part of 13 years, he never supported her but kept her on DEERS enrollment and flew back to see his family occasionally as well as get her id card renewed. Guy finally decides to retire and tells girl/wife that the id card will be getting cut off after the retirement, she had a better plan, she filed for divorce and 1/2 of his retirement pay... they had been legally married under Nevada law for almost 14 years. Yea... we had a great time investigating this case, proved fraud because they were so pissed at each other that they both told us that they married with the only intention of getting the id card and the extra money and had only lived under the same roof for two weeks.

  5. #15
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    Re: Is this BAH fraud?

    Quote Originally Posted by pheenix View Post
    Exactly...allowing potential fraud to go unreported is so much more noble.

    Single E6 has 2 children. Gets BAH at the w/dependant rate but both kids live fulltime w/non military custodial parent. Service member pays no child support at all. Situation has been going on for 5 yrs. IMO this is dishonest at best and fraud at worst. The kids seldom even visit.
    Lots of information there. And, still no proof. You can hurt people lives or careers with false accusations. We have 3 lines of information. Maybe the poster is seldom even home when the kids seldomly visit....?? Either way, unless there is significant proof, once again I say butt out.

    If I remember correctly, the member only has to have the kids 6 months and 1 day a year to draw full BAH. So, this poster could have only noticed the 6 months the kid were with the other parent.

    And, this is why I don't live on base.....too many nosy neighbors.
    Quote Originally Posted by Capt Alfredo View Post
    Rules for the sake of rules makes for mindless policy and engenders a lack of respect for those who enact and enforce them.

  6. #16
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    Re: Is this BAH fraud?

    Quote Originally Posted by Capt Alfredo View Post
    Rules for the sake of rules makes for mindless policy and engenders a lack of respect for those who enact and enforce them.

  7. #17
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    Re: Is this BAH fraud?

    Quote Originally Posted by fufu View Post
    Large-scale FWA is how government organizations run, from the top down.

    We're only concerned with small-scale FWA, like a history of too many packages of Post-It Notes being ordered by one workcenter. THAT'S where the true waste of taxpayer dollars occurs.






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  8. #18
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    Re: Is this BAH fraud?

    Quote Originally Posted by fufu View Post
    If I remember correctly, the member only has to have the kids 6 months and 1 day a year to draw full BAH. .
    Nah...the 6 mos and 1 day thing is to be able to live in base housing.

    You get dependent BAH even if you never see your kids.

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    Re: Is this BAH fraud?

    Copy.......
    Quote Originally Posted by Capt Alfredo View Post
    Rules for the sake of rules makes for mindless policy and engenders a lack of respect for those who enact and enforce them.

  10. #20
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    Re: Is this BAH fraud?

    Quote Originally Posted by Seasons View Post
    All servicemembers have a duty to report fraud, waste, and abuse.

    Really,well I guess it should be mentioned the 30 worthless NightStalker II flashlights we have in our armory that cost 7 grand a piece, have to be charged for 24 hours to get 4 hours use, and are 18 inches long and as big around as the fat end of a baseball bat...but hey, they arent even as bright as my handheld surefire, they come a really cool, and useful, sling--in case you EVER decided to draw one, much less use it--but, on brightside, the contract most likely rode in on some retired Colonel's coattails (padding his pocket no doubt) like so much of the other garbage MARCORSYSCOM or whoever decides is vital to the execution of of the Marine Corps mission.

    Just my thoughts on "fraud, waste, and abuse."

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