+ Reply to Thread
Results 1 to 10 of 10
  1. #1
    ostman is offline Junior Member
    Join Date
    Feb 2005
    Posts
    6

    Question Military child support question

    What is the name of your state?wisconsin
    Question about what the percentage of the child support comes from out of my check. I am in the US Army, and stationed in hawaii. The divorce will go though in wisconsin though. My question is does the child support come out of the total check that I recieve, or does it just come out of my base pay? I recieve different money like BAH(basic allowence for housing), BAS(basic allowence for Substances), and COLA(cost of living expenses). does the child support come our of that money too, or just my base pay?
  2. #2
    ostman is offline Junior Member
    Join Date
    Feb 2005
    Posts
    6
    any new input on this situation?
  3. #3
    militarybrats is offline Member
    Join Date
    Dec 2004
    Posts
    35
    I am almost positive BAH and is added into your income. I have to show it on my support papers and I am a CP.
  4. #4
    rmet4nzkx is offline Senior Member
    Join Date
    Jul 2004
    Posts
    17,787
    There is not enough information to answer. Have you invoked SSCRA?
    Have you or your wife filed for divorce, if so who filed, when and where?
    What is your state of residence?
    Are there any orders yet?....
  5. #5
    ostman is offline Junior Member
    Join Date
    Feb 2005
    Posts
    6
    i have not invoked sscra right now, the divorce hasn't been filed yet, and i am a resident of wisconsin, even though i will be staying in hawaii, while i am in the army for the last year or so of my service.
    I do not have any orders yet for child support, i am only trying to find out where they would be taking the money from in my check, becuase i am not sure if they take money out of just my base pay, or if they take it out of the rest of the money that i get, which is listed under seperate headings such as BAH/BAS/COLA.
  6. #6
    gphjr is offline Member
    Join Date
    Feb 2001
    Location
    Where ever the Military tells me to
    Posts
    167
    You will pay child support base on your total pay. Unless the judge is willing to take your word for it the you only receive your base pay. Which is not likely. What is your rank in the army? Technically your supposed to provide your spouse whith two thirds of the BAH until the divorce is final when child are involved.
  7. #7
    rmet4nzkx is offline Senior Member
    Join Date
    Jul 2004
    Posts
    17,787
    Quote Originally Posted by ostman
    i have not invoked sscra right now, the divorce hasn't been filed yet, and i am a resident of wisconsin, even though i will be staying in hawaii, while i am in the army for the last year or so of my service.
    I do not have any orders yet for child support, i am only trying to find out where they would be taking the money from in my check, becuase i am not sure if they take money out of just my base pay, or if they take it out of the rest of the money that i get, which is listed under seperate headings such as BAH/BAS/COLA.
    This was what I suspected.

    Good the divorce has not been filed yet. This will also give you time to research whether it is best to file in HI or WI as each has different laws relating to child suport and divorce dettlements and you can file in either.

    Invoke SSCRA ASAP, to do this you will have to contact JAG, start this process TODAY!!!

    While your primary residence is WI you can, upon your return, file in HI also if you so choose, that will give you some advantage as it will establish jurisdiction where you are located, jurisdiction can later be moved to WI when you are discharged.

    Since there is no divorce in the works, no orders for child support, continue as you have, ask JAG about how child support will be calculated specifically for the ARMY.

    Since there are no orders yet and you are going to invoke the SSCRA, you have equal custodal rights to your child, your wife doesn't control how much you can visit with your child, until there are court orders.

    Even though you are overseas, you can maintain your residency in Hawaii and you will qualify to file for divorce there. Here is some information:
    Hawaii permits irreconcilable differences type no fault divorces as well as divorces based upon living separate and apart and mutual consent. Fault divorces are not allowed. Hawaii is a separate property state. You must live in Hawaii for 6 months before obtaining a divorce. So, you will qualify for this even though you were overseas. If your wife is threatening to interfere with your parental rights and to limit visitation, that may be a factor in your favor insofar as filing in Hawaii.

    Here is what I found about Child Support: [url]http://www.acf.hhs.gov/programs/cse/pubs/2002/reports/essentials/c9.html[/url]
    Determining the Support Amount

    For calculating the support obligations of military personnel, it is best to apply support guidelines, setting support based on basic military pay. Military pay consists of basic pay, and it also can include a Basic Allowance for Housing (BAH), a Basic Allowance for Subsistence or Separate Rations (BAS or Sep Rats), special skill pay (e.g., flight pay), and bonuses. Army, Navy, Marine, and Coast Guard directives specify an amount of appropriate support. The figures, however, are to be used only when there is no court order or agreement between the parties as to support.

    As of January 1998, BAH replaced the Basic Allowance for Quarters (BAQ) and the Variable Housing Allowance (VHA). The amount of BAH varies depending on family status, but the amount of the difference was never intended to constitute full support for families.

    In general, all pay and allowances should be considered in setting support. If there is no BAS/Sep Rats, the individual lives on base and eats free. This “in-kind” payment also can be considered as income as well for guidelines purposes. In addition, the allowances are not taxable. If State guidelines are based on gross income, it might be appropriate to adjust the income figure.

    Because of the tax considerations, the tax return of military personnel may not accurately reflect actual income. The Leave and Earnings Statement (LES) is the best measure of actual income and can provide other useful information—such as State of domicile, leave accrued, and number of dependents—that can be helpful in the course of litigation.

    State Divorce Laws: Hawaii

    RESIDENCY REQUIREMENTS AND WHERE TO FILE: The spouse filing for divorce must have been present in Hawaii for 3 months. However, a final divorce will not be granted unless 1 spouse has been a resident for 6 months. The divorce should be filed in either: (1) the judicial district where the plaintiff resides or (2) the judicial district where the spouses last lived together. [Hawaii Revised Statutes; Title 580, Chapter 1].

    LEGAL GROUNDS FOR DIVORCE: No-Fault: (1) Irretrievable breakdown of the marriage; and (2) living separate and apart without cohabitation for 2 years and it would not be harsh or oppressive to the defendant spouse to grant the divorce. [Hawaii Revised Statutes; Title 580, Chapter 41].

    SIMPLIFIED OR SPECIAL DIVORCE PROCEDURES: The "irretrievable breakdown of the marriage" may be shown by both spouses stating so in an affidavit or by 1 spouse stating so in an affidavit and the other spouse not denying it. The court, in such cases, may waive a hearing in uncontested divorces and grant the divorce based on the affidavit. [Hawaii Revised Statutes; Title 580, Section 42].

    MEDIATION OR COUNSELING REQUIREMENTS: If 1 of the spouses denies that there has been an irretrievable breakdown of the marriage, the court may delay the proceedings for 60 days and advise the spouses to seek counseling. [Hawaii Revised Statutes; Title 580, Chapter 42].

    PROPERTY DISTRIBUTION: Hawaii is an "equitable distribution" state. The court will distribute all of the spouse's property, including the community, joint, and separate property, in a just and equitable manner, based on the following factors: (1) the burdens imposed upon either spouse for the benefit of the children; (2) the position each spouse will be left in after the divorce; (3) the relative abilities of the spouses; (4) the respective merits of the spouses; and (5) all other circumstances. [Hawaii Revised Statutes; Title 580, Chapter 47].

    ALIMONY/MAINTENANCE/SPOUSAL SUPPORT: The court may award either spouse maintenance, for either an indefinite period or a specific period to allow the receiving spouse to become self-supporting. Marital misconduct is not a factor to be considered. The factors to be considered are: (1) the standard of living established during the marriage; (2) the duration of the marriage; (3) the ability of the spouse from whom support is sought to meet his or her needs while meeting those of the spouse seeking support; (4) the ability of the spouse seeking maintenance to meet his or her needs independently; (5) the comparative financial resources of the spouses; (6) the needs of each spouse; (7) the age of the spouses; (8) the physical and emotional conditions of the spouses; (9) the usual occupation of the spouses during the marriage; (10) the vocational skills and employability of the spouse seeking support and maintenance; (11) the probable duration of the need of the spouse seeking support and maintenance; (12) any custodial and child support responsibilities; (13) the ability of the spouse from whom support is sought to meet his or her own needs while meeting the needs of the party seeking support; (14) other factors which measure the financial condition in which the spouses will be left as a result of the divorce; and (15) any other factor which measures the financial condition in which the spouses will be left in as a result of any award of maintenance. [Hawaii Revised Statutes; Title 580, Chapter 47].

    SPOUSE'S NAME: If requested, the wife may resume the use of her maiden name. [Hawaii Revised Statutes; Title 574, Chapter 5(a)2(B)].

    CHILD CUSTODY: Joint or sole child custody may be awarded to either or both of the parents or another person based on the best interests of the child and upon the wishes of the child, if the child is of sufficient age and capacity to form an intelligent choice. Joint custody will be allowed if it can be arranged to assure the child of continuing contact with both parents. The court may order a child custody investigation and report. Grandparents may be awarded visitation. Family violence committed by a parent raises the presumption that it is not in the best interests of the child for that parent to have any custody. There are no other specific factors for consideration set out in the statute. [Hawaii Revised Statutes; Title 571, Chapter 46].

    CHILD SUPPORT: The court may order either or both parents to provide child support in a just and equitable manner. Factors to be considered are: (1) all earnings, income, and resources of the parents; (2) the earning potential, reasonable necessities, and borrowing capacity of the parents; (3) the needs of the child; (4) the full amount of public aid the child would receive without any child support; (5) any other dependents of the parents; (6) incentives for both parents to work; (7) an attempt to balance the standard of living of the parents and avoid placing any parent below poverty level; (8) to avoid any extreme changes in either parent's income; and (9) if a parent with school-age children is able to work and does not, 30 hours of minimum wage income will be added to that parent's presumed income. There are official Child Support Guidelines set out in the statute. [Hawaii Revised Statutes; Title 576D, Chapter 7 and Title 580, Chapter 47].
  8. #8
    cascole is offline Junior Member
    Join Date
    Mar 2004
    Posts
    26
    Not only will your BAH, BAS & any other compensation or allowances be utilized to determine support, this is also non-taxable income & will be treated as such for any calculations.
  9. #9
    Silverplum is offline Senior Member
    Join Date
    Jan 2005
    Location
    At the cabin; leave a message.
    Posts
    24,828
    Try to find info here:
    [url]https://www.jagcnet.army.mil/Legal[/url]

    Click on "Family Law Matters."

    Thank you for serving our country!
  10. #10
    gphjr is offline Member
    Join Date
    Feb 2001
    Location
    Where ever the Military tells me to
    Posts
    167
    You also better find out what your spouse expects from the divorce. A precentage of your retirement pay will be awarded to her. I suggest that you get real nice. Most states are pro women wnd will take you to the cleaners. Not trying to scare you at all. I hate to see a fellow soldier male or female get taken.

Similar Threads

  1. Question about military retirement and support
    By MJA89 in forum Divorce, Separation & Annulment
    Replies: 5
    Last Post: 05-30-2009, 10:57 AM
  2. Military Child Support Question
    By darrkblu in forum Child Support
    Replies: 7
    Last Post: 05-01-2009, 10:37 PM
  3. Child Support and military pay question
    By Fields07 in forum Child Support
    Replies: 3
    Last Post: 09-10-2008, 01:16 PM
  4. In military, child support question
    By fixious in forum Child Custody & Visitation
    Replies: 12
    Last Post: 10-01-2002, 09:52 AM
  5. ex in military, child support question
    By Acceber in forum Child Custody & Visitation
    Replies: 13
    Last Post: 10-01-2002, 09:31 AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.