[Code of Federal Regulations]
[Title 32, Volume 5]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR733.1]

[Page 364-365]
 
                       TITLE 32--NATIONAL DEFENSE
 
                   CHAPTER VI--DEPARTMENT OF THE NAVY
 
PART 733_ASSISTANCE TO AND SUPPORT OF DEPENDENTS; PATERNITY COMPLAINTS
--Table of Contents
 
Sec. 733.1  Rates of basic allowance for housing (BAH).




Sec.
733.1 Rates of basic allowance for housing (BAH).
733.2 Delegations.
733.3 Information and policy on support of dependents.
733.4 Complaints of nonsupport and insufficient support of dependents.
733.5 Determination of paternity and support of illegitimate children.

    Authority: 5 U.S.C. 301; 10 U.S.C. 5013; 37 U.S.C. 101, 401, 403; 50 
U.S.C. App. 2210; E.O. 11157, 29 FR 7973, 3 CFR 1964 Supp. p. 139, as 
amended.

    Source: 44 FR 42190, July 19, 1979, unless otherwise noted.


    (a) Except as otherwise provided by law, a member of the naval 
service entitled to basic pay is entitled to a BAH at the monthly rates 
according to the pay grade to which he or she is assigned, in accordance 
with 37 U.S.C. 403.
    (b) The term ``dependent'' with respect to a member of the naval 
service, as used in this part, means:
    (1) His or her spouse;
    (2) His or her unmarried child (including any of the following 
categories of children if such child is in fact dependent on the member: 
A stepchild; an adopted child; or an illegitimate child whose alleged 
member-parent has been judicially decreed to be the parent of the child 
or judicially ordered to

[[Page 365]]

contribute to the child's support, or whose parentage has been admitted 
in writing by the member) who either:
    (i) Is under 21 years of age; or
    (ii) Is incapable of self-support because of a mental or physical 
incapacity, and in fact dependent on the member for over one-half of his 
or her support; and
    (3) His or her parent (including a stepparent or parent by adoption, 
and any person, including a former stepparent, who has stood in loco 
parentis to the member at any time for a continuous period of at least 5 
years before he or she became 21 years of age) who is in fact dependent 
on the member for over one-half of his or her support; however, the 
dependency of such a parent is determined on the basis of an affidavit 
submitted by the parent and any other evidence required under 
regulations prescribed by the Secretary of the Navy, and he or she is 
not considered a dependent of the member claiming the dependency unless:
    (i) The member has provided over one-half of his or her support for 
the period prescribed by the Secretary; or
    (ii) Due to changed circumstances arising after the member enters on 
active duty, the parent becomes in fact dependent on the member for over 
one-half of is or her support.

The relationship between a stepparent and his or her stepchild is 
terminated by the stepparent's divorce from the parent by blood.

[44 FR 42190, July 19, 1979, as amended at 65 FR 62617, Oct. 19, 2000]