Written by attorney Jeffery Michael Haupt

Calculating Child Support Based on Military Benefits

There are many benefits that soldiers receive for being an active duty member of the military. You may have heard terms such as BAH, BAS, COLA, Special Pay, etc. These types of pay can impact what sort of income you are receiving from the military and like most jobs your income is based on your seniority and years of service.

So how does this all factor in to your income for purposes of defining child support?

Always remember that any type of "benefit" can be argued for in terms of including it as income for calculating child support. So for example if your base pay for being an E-3 with three (3) years of service is about $1,808 a month. Now let's say you are receiving a BAH of $492. It's easy to see how a court could include the $492 into you monthly income for purposes of calculating child support.

You might say you are not receiving the BAH because you are living on base. This is not a real strong argument in your favor. You are still receiving the benefit of not having to pay for housing as part of your employment. Again, the argument is not necessarily whether you are receiving a benefit, but how much of a benefit. It may not seem like much to argue over, but a difference of $10 a week in child support can amount to almost $500 a year more in terms of child support paid or not paid.

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