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Can GI Bill funds (Basic Housing Allowance) be used to calculate child support?

Brighton, CO |

We will be receiving a basic housing allowance (BHA) for my husband to attend school. He will also be working. We intend to disclose the income from his employment, but do we HAVE to disclose the BHA?

I posted this in comments, but figured I would post here as well. Mother of the child lives at home with her parents and does not pay rent or any bills associated with the home. Can we ask the court to consider this as a regularly occuring "gift" she is receiving - or as in something that actually reduces the basic needs of the child? For what it is worth, we are not trying to get out of paying what we owe - we just suffered a major financial setback of our own, and cannot afford basic things for the child we have between us, or pay our own bills, much less pay $700 in child support - which is what it would be if we disclosed BHA.

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Attorney answers 2

Posted

Yes you do. Gross income includes "Expense reimbursements or in-kind payments received by a parent in the course of employment, self-employment, or operation of a business if they are significant and reduce personal living expenses."

Asker

Posted

Thank you. If mother lives with her parents, doesnt pay/rent bills, could we ask the court to consider that as a regular "monetary gift" she is receiving? Just as an aside, we are not trying to shirk duties to pay, we just suffered a major financial setback, and cannot pay our bills let alone $700.00 in child support.

Teddi Ann Barry

Teddi Ann Barry

Posted

Anytime that there is a 10% change in either party's income you may seek a modification of support. "Monetary gifts" are also included as income for purposes of child support. Additionally, as child support is meant to assist with the costs of providing shelter, food and basic needs of the child, if she doesn't have those expenses it is appropriate to seek a deviation from the support guidelines.

Asker

Posted

Thank you for your help!

Posted

Yes, they can and will be used in calculating your income and ultimately in determining the child support amount.

The information provided in this answer does not create an attorney-client relationship. If you are interested in his legal services, feel free to call Chris at (303) 409-7635 at his law office in the Denver Tech Center. All initial consultations are free of charge.