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Child support/ military question

Posted by Anonymous   + Show Post

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

Posted by Anonymous on Jan. 6, 2013 at 10:24 AM
Replies (21-30):
jas_momof2
by Platinum Member on Jan. 6, 2013 at 10:48 AM

It's not that simple and through the people I know - It's based on their base pay, not their BAH or BAS or clothing allowance...  Base pay only and for an E4 - $300 is about right...

Quoting Anonymous:

He told me they let them choose once they hit E4

Quoting CABZS:

Just so you know if he is single & has no kids w/him the only way he can live off post is if they do not have room for him in the barracks!  That is how it is in the Army.

So don't assume he can live off post.

His income won't be much more than a few hundred than when you took him for before military.



Anonymous
by Anonymous on Jan. 6, 2013 at 10:49 AM

It will not count the BAH because he is not getting it because he chooses to live in the barracks....But even if he was living on his own and getting BAH you wouldn't get more because then he would have more bills to pay.

Amari06
by Bronze Member on Jan. 6, 2013 at 10:50 AM
BAH is not taxable income so I believe it wouldnt count. Just his base pay should count.
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CABZS
by Emerald Member on Jan. 6, 2013 at 10:50 AM

It is typically E5.

Now some have been given a choice but they are then NOT given BAH, housing is at their expense then.  So he may have a choice but bc he won't be getting housing allowance he chooses to stay in the barracks, which is the best choice.

Quoting Anonymous:

He told me they let them choose once they hit E4

Quoting CABZS:

Just so you know if he is single & has no kids w/him the only way he can live off post is if they do not have room for him in the barracks!  That is how it is in the Army.

So don't assume he can live off post.

His income won't be much more than a few hundred than when you took him for before military.

 


Anonymous
by Anonymous on Jan. 6, 2013 at 10:51 AM

No, if he does not receive it, it will not be taken in to consideration.

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



Anonymous
by Anonymous on Jan. 6, 2013 at 10:51 AM

 

Quoting Anonymous:

It will not count the BAH because he is not getting it because he chooses to live in the barracks....But even if he was living on his own and getting BAH you wouldn't get more because then he would have more bills to pay.

 They do not calculate cs based on how many bills someone has.

CABZS
by Emerald Member on Jan. 6, 2013 at 10:55 AM

Also, I have to say I think it is ridiculous that you want go after him like this & take from his BAH.  A fathe has a right to have a roof over his head as well.

Here you don't get much for $900 a month, now you want to take from that?  Not right.

britishmummy
by on Jan. 6, 2013 at 10:55 AM

BAH doesn't count towards child support. That's what the Military give HIM to survive. $300 sounds correct for E4, if anything, it sounds a lot more than I remember. DH had an E4 friend who had to pay child support, his was like $230 a month. This was in Bahrain, where he makes more money due to hazzard pay.

CoolRelax
by Platinum Member on Jan. 6, 2013 at 10:57 AM

I don't know how they would increase his cs based on pay that he isn't getting.  If he lives on base he doesn't get bah, so how in the world would they base his payments on it.  Perhaps you should just wait and see what the judge says, you don't have much say in the matter.

britishmummy
by on Jan. 6, 2013 at 10:57 AM

It depends, if you are stationed in America you can choose at E-4, but overseas you choose at E-5... However its expensive to move from base to off base, they don't pay your moving fees.

Quoting jas_momof2:

It's not that simple and through the people I know - It's based on their base pay, not their BAH or BAS or clothing allowance...  Base pay only and for an E4 - $300 is about right...

Quoting Anonymous:

He told me they let them choose once they hit E4

Quoting CABZS:

Just so you know if he is single & has no kids w/him the only way he can live off post is if they do not have room for him in the barracks!  That is how it is in the Army.

So don't assume he can live off post.

His income won't be much more than a few hundred than when you took him for before military.




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