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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 (41-50):
Anonymous
by Anonymous 10 on Jan. 6, 2013 at 11:05 AM

No it wouldn't count unless he is actually receiving it.  BAH is actually intended to provide housing for dependents, if he is living in the barracks that means he has no dependents he has to provide housing for.

scarletmeshell
by Platinum Member on Jan. 6, 2013 at 11:06 AM

I am confused. He isn't getting a housing allowance so why would they count that as income?

Anonymous
by Anonymous 2 on Jan. 6, 2013 at 11:06 AM
Oh gotcha...I misunderstood what she meant. I was wondering why a service member would be that much behind since they are garnishing his pay. Yeah, I think OP is being a little greedy...


Quoting CABZS:

No he is paying, he'd be behind bc the courts are backed up & she wants moer money.  If she were to get it, it back dates so he'd owe her based on his *new* income.


Quoting Anonymous:

I agree, though I can see why she would try it, if he's behind in cs payments...she probably wants to stick it to him!



Quoting CABZS:


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.





Anonymous
by Anonymous 5 on Jan. 6, 2013 at 11:07 AM

 Even still. So if someone chooses to live in a place that is double the rent of another, he pays less? CS is based on income. There may be a few states where they may take that into consideration, but not many. And not in the military. Pay is pay, and that is what they go on. Not bills.

Quoting CABZS:

Something tells me she meant necessary bills.

Rent, gas, electric, water, sewer, garbage.

Quoting Anonymous:

 Oh so if someone decided to have an iphone, or a red mustang, or furniture from rent a canter that E-4s cs will be less then the E-4 who doesn't have those things. I doubt it.

Quoting Anonymous:

Where I live they do look at what your monthly expenses are when ordering support...Plus they don't look at BAH anyways I know that because I am a military wife and have plenty of military friends.

Quoting Anonymous:

 

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.

 

 

 

 

MWV85
by Silver Member on Jan. 6, 2013 at 11:08 AM
3 moms liked this

 oh....youre one of THOSE women....

arrlmr2010
by Member on Jan. 6, 2013 at 11:10 AM

I think you are being unreasonable and very greedy

CABZS
by Emerald Member on Jan. 6, 2013 at 11:10 AM

Yeah, I find it ridiculous.  I know a few soldiers who have gotten into trouble for being behind in support.  It is suppose to be garnished but sometimes things get messed up & they don't correct it.

Quoting Anonymous:

Oh gotcha...I misunderstood what she meant. I was wondering why a service member would be that much behind since they are garnishing his pay. Yeah, I think OP is being a little greedy...


Quoting CABZS:

No he is paying, he'd be behind bc the courts are backed up & she wants moer money.  If she were to get it, it back dates so he'd owe her based on his *new* income.


Quoting Anonymous:

I agree, though I can see why she would try it, if he's behind in cs payments...she probably wants to stick it to him!



Quoting CABZS:


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.



 



CABZS
by Emerald Member on Jan. 6, 2013 at 11:13 AM

Ok you do realize that not all states do it the same right?

Our state use to take your basic needs into consideration & you brought in a copy of your rent agreement, gas & electric.  Now rent they based that really on what the normal cost would be, so if the average rent is $500 & they lived in a $900 apartment they only got credit up to $500.

Now my state does it where they have to give the person paying CS at least $900 a month to live off of.

Quoting Anonymous:

 Even still. So if someone chooses to live in a place that is double the rent of another, he pays less? CS is based on income. There may be a few states where they may take that into consideration, but not many. And not in the military. Pay is pay, and that is what they go on. Not bills.

Quoting CABZS:

Something tells me she meant necessary bills.

Rent, gas, electric, water, sewer, garbage.

Quoting Anonymous:

 Oh so if someone decided to have an iphone, or a red mustang, or furniture from rent a canter that E-4s cs will be less then the E-4 who doesn't have those things. I doubt it.

Quoting Anonymous:

Where I live they do look at what your monthly expenses are when ordering support...Plus they don't look at BAH anyways I know that because I am a military wife and have plenty of military friends.

Quoting Anonymous:

 

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.

 

 

 

 


SusanD
by Gold Member on Jan. 6, 2013 at 11:14 AM

 I haven't gone through all of the replies, so I don't know if this has been mentioned or not, but him living on post as opposed to in the barracks an E-4 is more "at the commander's discretion". Typically if there is room in the barracks, then the commanders prefer that lower enlisted live in the barracks. Its more cost effective for the military and it helps to keep track of the lower enlisted. So he may not actually have a choice in whether or not he lives in the barracks, and even if he did at this installation at his next he may not.

Anonymous
by Anonymous 1 - Original Poster on Jan. 6, 2013 at 11:18 AM

He would get BAH without dependants. If it is income, it counts towards child support. There is even a spot on the worksheet that says "allowances from job".

Quoting SweetPea2004:

You need better facts it also depends on where he is stationed. Also why are you going after his bah it is for him to live and is factored on dependents that live with him at least 50% of the year. My ex can't claim my dd for bah so why would I take it?

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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