32 CFR 584.7 - Basic allowance for quarters.
(1) Soldiers entitled to basic pay, who have family members, are entitled to BAQ at the rates prescribed for soldiers “with dependents” under certain conditions. The Department of Defense Military Pay and Allowances Entitlements Manual (DODPM) governs entitlements. (See DODPM, part 3, chap 2.)
(2) Soldiers may receive BAQ at the “with dependents” rate as long as they pay at least the difference between BAQ at the with- and without-dependents rate each month in support of their families. (See DODPM, part 3.) This is so even if a divorce decree or court order is silent on support or releases the soldier from the responsibility of supporting the family. (See § 584.2(f)(2).) Normally, a soldier is not entitled to BAQ on behalf of a former spouse or stepchildren after the divorce. BAQ at the “with dependents” rate is not authorized when the soldier or the supported family is residing in Government family quarters. Also, if two soldier member-parents are supporting the same child, only one soldier member is entitled to BAQ at the “with dependents” rate.
(b)False claims. BAQ at the “with dependents” rate is not payable to soldier who are not supporting their families. Cases involving alleged failure or refusal of soldiers to pay at least the difference between BAQ at the with- and without-dependents rate for the support of family members will be referred to the proper FAO after investigation. Nonsupport of family members for whom BAQ is claimed may result in -
(1) Collection of BAQ received but not given to the family members.
(2) Stoppage of BAQ at the “with dependents” rate.
(3) Punitive or administrative action against a soldier for -
(i) Violating the minimum support requirements of this regulation.
(ii) Submitting a fraudulent claim for BAQ based on false information.
(c)Forfeiture of BAQ. Forfeiture of the “with dependents” portion of BAQ does not relieve the soldier of the obligation to support family members as set up in this regulation.
(d) BAQ entitlements versus Army minimum support requirements Terms for entitlements to BAQ are set forth in DODPM, part 3, chapter 2. Except as provided in this regulation, BAQ entitlements have no relationship to Army minimum support requirements.