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https://www.mach-law.com/is-bah-and-bas-included-in-income-for-military-servicemembers-when-calculating-child-and-spousal-support/
According to the California Court of Appeals in the case of In re Marriage of Stanton, BAH and BAS, as well as any additional military allowances such as special duty allowances, are included in total tax-free income when calculating child and spousal support.
https://dadsdivorce.com/articles/child-support-for-military-dads-does-bah-count-as-income/
In my state, you and your wife are correct to include your BAH in estimating the child support award that will be ordered by the court as your BAH is considered income to you. Certain aspects of your BAH, such as a COLA, may not actually reduce your personal expenses and thus may not be considered “actual income” for purposes of child support.
https://www.divorcesource.com/ds/military/child-support-in-the-military-630.shtml
The calculation of child support involves what is called the housing allowance. The military housing allowance, now called the Basic Allowance for Housing (BAH), is nontaxable allowance paid to service members who do not live in government housing. Service members also receive a BAH if they are separated from their immediate family members.
http://www.mdjustice.org/node/2271
Nov 21, 2011 · Military BAH and BAS included for child support purposes - no Federal pre-emption (reproduced by permission from "David S. Goldberg" [email protected]) All active duty members of the military receive “basic pay” corresponding to their rank and years of seniority.
https://www.petition2congress.com/ctas/stop-adding-bah-child-support-our-military-members
Which is ultimately unfair to the service member paying child support. If a Service member pays child support for three children in the amount of $1,900.00 and BAH and BAS are included in the figure due to the courts adding in non-taxable entitlements (ie. base pay equals $3,600 and BAH and BAS combined equals $2,700 a month totaling $6,100 ...
https://www.martindale.com/family-law/article__1539204.htm
Jun 27, 2012 · Child Support Calculations when one parent is a military service member are complex. BAH/BAS, Base Housing, and Hazard Pay may or may not be included in the child support guidelines, leading to a wide array of potential support payments for the military member. This article discusses how Florida analyzes child support for the military member.
https://www.divorcenet.com/resources/divorce/military-divorce/calculating-child-support-when-paying-p
The IRS doesn’t tax military housing and food allowances, but most states’ child support guidelines include all income, whether it’s taxable or not. In recent years, with many more service members on active duty, state courts have begun to weigh in on this issue.
https://www.defensetravel.dod.mil/site/faqbah.cfm
Sep 20, 2018 · No, A member is not authorized BAH or OHA solely on the basis of the member's child support payment when the child/children is/are in another active duty member's custody (including a former spouse), who is assigned to Gov't owned/leased family-type quarters (does not include privatized quarters) or is in receipt of a with-dependent housing ...
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