What does a military personal have to pay child support on? 21 Answers as of July 10, 2013

When getting divorced from someone who is on active duty with the Army, does he only pay child support on taxable income or on all income he receives such as housing allowances, etc?

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The Davies Law Firm, P.A.
The Davies Law Firm, P.A. | Robert F. Davies, Esq.
Child support is paid based on all income. That will include all payments received from the military.
Answer Applies to: New Jersey
Replied: 7/19/2011
Horizons Law Group, LLC
Horizons Law Group, LLC | Michelle B. Fitzgerald
That is arguable. Really depends on current situation - where child/other party lives, where military person is stationed (combat vs. non-combat), etc.
Answer Applies to: Wisconsin
Replied: 7/14/2011
Law Office of Jackie Robert Geller
Law Office of Jackie Robert Geller | Jackie Robert Geller
All income, taxable and non-taxable is used in calculating his child support
Answer Applies to: California
Replied: 7/13/2011
Pontrello Law
Pontrello Law | William Pontrello
in Florida net income by the statute income minus legal deductions only.
Answer Applies to: Florida
Replied: 7/13/2011
Law Office of Roianne H. Conner
Law Office of Roianne H. Conner | Roianne Houlton Conner
As per Rule 32, Alabama Rules of Judicial Administration,the entire amount is used in the formula to determine the child support.
Answer Applies to: Alabama
Replied: 7/13/2011
    Willick Law Group
    Willick Law Group | Marshal S. Willick
    I have researched this at great length, and there is recent, persuasive authority on the subject out of California. Bottom line: 100% of military pay and allowances, taxable or otherwise, are part of child support calculation.
    Answer Applies to: Nevada
    Replied: 7/13/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    Here is the definition from the Child Support Guidelines (11) "Gross income" means the average weekly earned and unearned income from all sources before deductions, including but not limited to the items listed in subparagraph (A) of this subdivision, but excluding the items listed in subparagraph (B) of this subdivision. (A) Inclusions The gross income inclusions are: (i) salary; (ii) hourly wages for regular, overtime and additional employment not to exceed 45 total paid hours per week; (iii) commissions, bonuses and tips; (iv) profit sharing, deferred compensation and severance pay; (v) tribal stipends and incentives; (vi) employment perquisites and in-kind compensation (any basic maintenance or special need such as food, shelter or transportation provided on a recurrent basis in lieu of or in addition to salary or wages); (vii) military personnel fringe benefit payments; (viii) benefits received in place of earned income including, but not limited to, workers' compensation benefits, unemployment insurance benefits, strike pay and disability insurance benefits; (ix) veterans' benefits; (x) social security benefits (excluding Supplemental Security Income (SSI) for a parent or a child), including dependency benefits on the earnings record of an insured parent that are paid on behalf of a child whose support is being determined; (xi) net proceeds from contractual agreements; (xii) pension and retirement income; (xiii) rental income after deduction of reasonable and necessary expenses; (xiv) estate or trust income; (xv) royalties; (xvi) interest, dividends and annuities; (xvii) self-employment earnings, after deduction of all reasonable and necessary business expenses; - 3 - (xviii) alimony being paid by an individual who is not a party to the support determination; (xix) adoption subsidy benefits received by the custodial parent for the child whose support is being determined; (xx) lottery and gambling winnings, prizes and regularly recurring gifts (except as provided in subparagraph (B)(v) of this subdivision); and (xxi) education grants (including fellowships or subsidies, to the extent taxable as income under the Internal Revenue Code). (B) Exclusions The gross income exclusions are: (i) support received on behalf of a child who is living in the home of the parent whose income is being determined; (ii) SSI payments, including those received on behalf of a child who is living in the home of the parent whose income is being determined; (iii) federal, state and local public assistance grants; (iv) earned income tax credit; and (v) the income and regularly recurring contributions or gifts of a spouse or domestic partner The information contained in this email may be confidential and/or legally privileged. It has been sent for the sole use of the intended recipient(s). If the reader of this message is not an intended recipient, you are hereby notified that any unauthorized review, use, disclosure, dissemination, distribution, or copying of this communication, or any of its contents, is strictly prohibited. If you have received this communication in error, please contact the sender by reply email and destroy all copies of the original message. Thank you for your anticipated cooperation.
    Answer Applies to: Connecticut
    Replied: 7/13/2011
    Michael D. Fluke, P.A.
    Michael D. Fluke, P.A. | Michael D. Fluke
    All income including housing allowances. Note that the housing allowance will cease once the divorce is final. I suggest you consult a local Family Law attorney to discuss your case in greater detail and learn all of your rights and options. Good luck.
    Answer Applies to: Florida
    Replied: 7/13/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    It's up to the court. As a general rule, the non-taxable amounts should be added in.
    Answer Applies to: Georgia
    Replied: 7/12/2011
    Donaldson Stewart, PC
    Donaldson Stewart, PC | Monica H. Donaldson Stewart
    Under Arizona caselaw, BAH (I think that's the correct term?) is included as income for child support purposes.
    Answer Applies to: Arizona
    Replied: 7/12/2011
    Law Office of Margaret D. Wilson
    Law Office of Margaret D. Wilson | Margaret Wilson
    In California both parents owe a duty to support their minor children. Child support is determined a predefined calculation that uses the parties respective incomes and time spent with the children to determine child support.
    Answer Applies to: California
    Replied: 7/12/2011
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    In most cases BAH and BAS are included as income for child support purposes. However, this can depend on where the person is stationed. It may only partially be considered. You should consult with an attorney to assist you with the proper calculation of child support.
    Answer Applies to: Florida
    Replied: 7/12/2011
    Beresford Booth PLLC
    Beresford Booth PLLC | S. Scott Burkhalter
    The court will consider all income and resources of the parties when setting child support.
    Answer Applies to: Washington
    Replied: 7/8/2013
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    All income from all sources.
    Answer Applies to: Oregon
    Replied: 7/10/2013
    Osterman Law LLC
    Osterman Law LLC | Mark D. Osterman
    In Alaska, it is not what the child needs but what the non-custodial parent can pay. Child support is determined by a mathematical formula. The formula varies based on the number of the children and you can calculate it at the State's website at http://www.csed.state.ak.us/ Hope this helps.
    Answer Applies to: Indiana
    Replied: 7/12/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    Generally, the calculated portion of child support is based upon the service members base pay. However, in addition to that the court may order the division of some other benefits. One example of this is BAH. If you are getting BAH based upon the size of your family - spouse and children - the court may order this divided in some fashion. The rational is that it is unfair to allow the entire BAH to simply be a wind fall to you when some portion of it is supposed to be for the support of your family.
    Answer Applies to: Washington
    Replied: 7/12/2011
    Law Office of Patricia Van Haren
    Law Office of Patricia Van Haren | Patricia Van Haren
    A Military person pays support on all income received by him. However, there are two allocations on the dissomaster so you should make sure that your attorney is familiar with military pay.
    Answer Applies to: California
    Replied: 7/12/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    In Colorado and in most states, nontaxable military allowances are included in the gross income used to calculate child support. And, even if the service member is living in government housing and, therefore, not actually receiving the housing allowance directly, the amount of the BAH is usually considered "income in kind" for purposes of determining child support.
    Answer Applies to: Colorado
    Replied: 7/12/2011
    Law Office of Xochitl Anita Quezada
    Law Office of Xochitl Anita Quezada | Xochitl Anita Quezada
    His income set forth in his paystub will be used to calculate support whether it's taxable or nontaxable.
    Answer Applies to: California
    Replied: 7/12/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    Child support in Georgia is based on all income, not just taxable income.
    Answer Applies to: Georgia
    Replied: 7/12/2011
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