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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/
Therefore, the California Court of Appeals, which in its decision has sided with several other state courts, made it a requirement that military allowances, such as BAH and BAS, are included as gross income when determining child and spousal support.
http://www.mdjustice.org/node/2271
Nov 21, 2011 · The California court therefore joined courts across the nation in holding that “federal preemption is inapplicable to military allowances such as BAH and BAS, and that such allowances are included in a party’s gross income for purposes of support when State law encompasses them.”
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.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
https://cristinlowelaw.com/california-child-support-in-ten-steps/
Many enlisted military personnel are dismayed to learn that their tax-free allowances such as Basic Allowance for Housing (BAH) and Basic Allowance for Subsistence (BAS) are considered for purposes of child support. Even if a military member is living on base, the value of housing is attributed as tax-free income.
https://www.divorcenet.com/resources/remarriage-and-child-support-california.html
A parent’s remarriage won’t directly affect child support in California. In almost every case, only the child’s biological parents have a legal duty to support the child, not the child’s stepparents.
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