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Child support/ military question
by Anonymous
January 6, 2013 at 10:24 AM

My ex is military, an E4 and I am trying to go for a review of our child support since he is paying based in him making about $1300 a month (before he went into the military). I filed 2 years ago for the review but he he never sent in the paper work and the court has been so backed up, they haven't done anything about it. So now I am going through child support enforcement (we have a case open with them).

Now to the actual question, he lives in the barracks for free. He could choose to move out on his own and he would get basic housing allowance, it would be about $900 a month. But the way it was explained to me, he basically waves the housing allowance to get to live in the barracks. Is child support calculated with or without the basic housing allowance? A friend of mine, who's DH is military said she thinks it's with. Does anyone know for sure? In child support, the difference would be close to $200 a month

Replies

  • AFWifeNMom
    January 6, 2013 at 10:27 AM
    It would average out to about te same I think. Because he makes less now without BAH but he also doesn't have any bills to pay.

    And the BAH isn't counted on taxes so I doubt it would count on CS
  • dirby1988
    January 6, 2013 at 10:28 AM
    Im not sure but heres a bump
  • Anonymous
    by Anonymous - Original Poster
    January 6, 2013 at 10:29 AM

    Currently, he pays $310 a month and if the CS counts  the basic housing allowance, it will go up to $650. if not it will be $460

  • Anonymous
    by Anonymous - Original Poster
    January 6, 2013 at 10:31 AM

    If he actually gets it, I know for a fact it would. I just am wondering if it still counts because he is basically paying it back to the military to get to live for free in the barracks

    Quoting AFWifeNMom:

    It would average out to about te same I think. Because he makes less now without BAH but he also doesn't have any bills to pay.

    And the BAH isn't counted on taxes so I doubt it would count on CS


  • Anonymous
    by Anonymous - Original Poster
    January 6, 2013 at 10:31 AM

    Thanks!

    Quoting dirby1988:

    Im not sure but heres a bump


  • Fields456
    January 6, 2013 at 10:32 AM
    It all depends on your state
  • Anonymous
    by Anonymous
    January 6, 2013 at 10:32 AM
    No, BAH doesn't count...but it really depends on the judge.. $310 a month sounds about right for E-4.
  • AFWifeNMom
    January 6, 2013 at 10:33 AM
    I am sorry, I don't know anything about CS. I am still married to my kids father. But it is not the same thing as paying it back to the military...have you eer seen those barracks?? They are NOT $900/mo worthy...




    Quoting Anonymous:

    If he actually gets it, I know for a fact it would. I just am wondering if it still counts because he is basically paying it back to the military to get to live for free in the barracks


    Quoting AFWifeNMom:

    It would average out to about te same I think. Because he makes less now without BAH but he also doesn't have any bills to pay.



    And the BAH isn't counted on taxes so I doubt it would count on CS



  • luckystars2012
    January 6, 2013 at 10:34 AM
    No, its calculated without, because he isn't getting it.

    They can't calculate money that he is not receiving, for one, and housing allowance is not considered pay so even if he was getting it it wouldn't be considered. The flipside of that is that they don't factor in his rent in his expenses if he doesn't have to pay it.


    310 is a decent amount for an E4 to pay for one child.
  • RMB2011
    by RMB2011
    January 6, 2013 at 10:35 AM
    If he gets BAH (ie he lives off base) then yes it would count. But since he lives on base he doesn't get BAH so it doesn't.

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