Verified answer

Since he has a wife he still has a dependent and is entitled to the BAH.

He won't have to pay back a dime. The way the Army looks at it is either you are single or you are married. Whether or not you have kids only matters if you are coming in single because of the fact that you cannot come in as a single parent unless you have no physical custody. If that was the case, he would have only received BAH-DIFF, which would be around $200 a month or so to pay for child support.

The only thing this situation means is that he can use this situation as justification to divorce his wife on grounds of adultery and misleading him by playing her lovechild off as his, depending on the laws of the state he gets a divorce in. He won't get in any trouble with the Army over this. With any luck, he won't have to pay his soon-to-be ex any alimony but it all depends on the judge. Once his divorce is final, either he will get to stay off-post and get his BAH reduced to the single rate or he will get his BAH stopped altogether and move back in the barracks. It depends on his chain of command.

He is married, then he qualifys for BAH regardless of having a child. A dependent is considered one or 100, it doesn't matter how many dependents you have as long as you have one (spouse or children).

SO he will not have to pay it back. Besides if a child isn't his and he marries a woman with children he can get benefits for those children. The only time that non biological children wouldn't get benefits would be if he were to divorce their mom (his wife). Otherwise step children also get benefits.

Your brother will NOT have to return the BAH bc he is married. He gets BAH for having dependants (2 in this case. 1. his wife + 1 his child). Him having dependants is what allows him to collect BAH, not just his child.

If the Army paid out BAH for a child to him and it's confirmed that the child is not his, then he will have to pay the money back. It's hard to beleive that the Army paid it without proof that the child was his in the 1st place. He needs to talk to his commander and get this cleared up ASAP. SFC US Army

Now if he is married then there is no worry as BAH is paid on the spouse and it does not matter how many kids he has or don't have

he is married. he is entitled to BAH just because he has a spouse. should he divorce her the BAH will end at that point but he will not have to pay anything back.

he needs a good*(CIVILIAN) lawyer to make sure he won't be stuck paying CS or forced to keep the child on his page 2.

If he is currently a legal guardian of the kid, the BAH would be justified. Plus, if he does have to give it back, he can sue the other dad or his babies mama and get it back through court.

right now he doesnt get it cuz of the child he gets it cuz he is married..so he will be fine