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What is considered income for a soldier when trying to obtain an amount for child support for two kids?

El Paso, TX |

my ex has sent me an agreement thru his lawyer to pay 180 dlls for two kids I am suppose to sign and return but have not. I know he gets paid more than that since he is a specialist in the army, and has been a soldier for 4 years and is married. I want to know if in Texas BAH and BAS or any other help by the army is considered as income? he hasnt payed child support for the past 5 1/2 years and it doesn't mention anything of back pay child support. Is there link that can be provided to see what will be considered as income as a specialist in the army or if there is some kind of family code saying that it can or cant be counted. I was told that in Texas BAH, BAS, hazardous pay and even his spouse pay is added. is that true? because I feel that 180 a month is not the fair amount to pay.

Also if he is station out of Texas who or how does it get decided on how to pay for them to get to him, and back?

Attorney Answers 3


Have a lawyer review it before you sign it; you're asking for SPECIFIC legal advice, not general information.

This is not legal advice. This response is provided for general information only, as a public service. It is not to be relied upon as legal advice and does not create an attorney/client relationship; nor is it an attempt to create an attorney/client relationship. Consult with local counsel in your jurisdiction about the specifics of your case, which is the only way to gain true meaningful legal guidance and/or representation.

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Every State has its own rules that must be followed. In Hawaii child support is calculated using the Child Support Guidelines Worksheet ("CSGW"). Gross income is entered into the form for each spouse. Gross income for purposes of the CSGW would include military base and special pay and allowances, such as basic allowance for housing (BAH), basic allowance for subsistence (BAS), hazardous duty pay, cost-of-living allowance (COLA), selective reenlistment bonus (SRB), retired/retainer pay, reserve pay, National Guard and reserve drill pay, etc.

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Do not sign the agreement. You may be entitled to more but no attorney on this site could tell you that without gathering all the necessary documentation regarding your ex-husands income. You need to get a lawyer so that the lawyer can file an answer on your behalf (if a suit has already been filed). If a suit has not been filed, the lawyer can file for you and request tax returns and all income related documents (that are subject to child support)."

The information provided is not advice but a legal perspective and you should schedule a consultation with the lawyer of your choice.

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