Military Child Support Question

[darrkblu]

What is the name of your state (only U.S. law)? FL

Hopefully someone has some experience with this. I am divorcing my wife of 8 years, she has a lawyer and I do not. We are currently living on base (so i do not receive BAH or Basic Allowance for Housing). She intends to take my daughter and move out of state to Washington State after the divorce. According to the military, because she is moving out of state and will not have frequent visitation, I will no longer be allowed to live on base, which means I will have to start getting BAH to pay for a house/apartment. When I am filling out the financial affidavit, and when the court considers the amount of CS I am to pay, do I factor in the BAH that I am not currently receiving, and won't until the divorce is finalized?

She insists that I should include it but it doesn't sound right to me. I am not trying to be a cheapskate but I don't want to pay more than I am supposed to because I didn't know any better, and I am concerned that if the amount is based on my BAH here, if and when I was stationed elsewhere it could put me in financial jeopardy if I can't get a modification through the courts quickly enough.

Anybody have a clue?

 

[StampGirl]

What is the name of your state (only U.S. law)? FL

Hopefully someone has some experience with this. I am divorcing my wife of 8 years, she has a lawyer and I do not. We are currently living on base (so i do not receive BAH or Basic Allowance for Housing). She intends to take my daughter and move out of state to Washington State after the divorce. According to the military, because she is moving out of state and will not have frequent visitation, I will no longer be allowed to live on base, which means I will have to start getting BAH to pay for a house/apartment. When I am filling out the financial affidavit, and when the court considers the amount of CS I am to pay, do I factor in the BAH that I am not currently receiving, and won't until the divorce is finalized?

She insists that I should include it but it doesn't sound right to me. I am not trying to be a cheapskate but I don't want to pay more than I am supposed to because I didn't know any better, and I am concerned that if the amount is based on my BAH here, if and when I was stationed elsewhere it could put me in financial jeopardy if I can't get a modification through the courts quickly enough.

Anybody have a clue?

Why are you allowing her to move to Washington State (basically to the other side of the country)???

Why would you want to barely see your child???

If the mom was to remain local, you would see the child more often and still be able to live on base.

 

[LdiJ]

Why are you allowing her to move to Washington State (basically to the other side of the country)???

Why would you want to barely see your child???

If the mom was to remain local, you would see the child more often and still be able to live on base.

WA may be their home state...and he may not be in the military for the long term...or he may be about to be deployed, or up for a transfer etc.

 

[Gracie3787]

What is the name of your state (only U.S. law)? FL

Hopefully someone has some experience with this. I am divorcing my wife of 8 years, she has a lawyer and I do not. We are currently living on base (so i do not receive BAH or Basic Allowance for Housing). She intends to take my daughter and move out of state to Washington State after the divorce. According to the military, because she is moving out of state and will not have frequent visitation, I will no longer be allowed to live on base, which means I will have to start getting BAH to pay for a house/apartment. When I am filling out the financial affidavit, and when the court considers the amount of CS I am to pay, do I factor in the BAH that I am not currently receiving, and won't until the divorce is finalized?

She insists that I should include it but it doesn't sound right to me. I am not trying to be a cheapskate but I don't want to pay more than I am supposed to because I didn't know any better, and I am concerned that if the amount is based on my BAH here, if and when I was stationed elsewhere it could put me in financial jeopardy if I can't get a modification through the courts quickly enough.

Anybody have a clue?

You fill out the financial affidavit with the information and income that exists on the day you fill out and sign it.

IF your income changes, or you begin recieving the BAH before the divorce is final, then you would need to file an amended financial affidavit.

Since your wife has an attorney, you really should hire one also. If you do not wish to, or cannot afford one, you really need to learn the laws and court rules. In addition to that, you also need to make sure to hire a court reporter for all hearings. (Reporting is NOT required in FL, and many pro-se litigants have been screwed due to no reporting).

You can learn the laws in chapter 61 of the statutes at www.flsenate.gov/STATUTES

Rules of Civil Procedure at http://phonl.com/fl_law/rules/frcp

Family Law Rules at http://phonl.com/fl_law/rules/famlawrules

Forms and other info at www.flcourts.org

 

[Newlydivmomto4]

I have no legal advice for you, but just some dealing with the military advice.

When my ex and I divorced, I moved out of the base housing. Before they would allow him to give 30 notice, he had to prove that I had a place to go with the kids. Also, for budgeting purposes, he did not get his BAH for about 2 months until all the paperwork and back bah caught up. So say you move out May 30. You probably won't be seeing BAH until end of July.

 

[my life is mine]

Actually you should be receiving your BAH on your LES, but it then goes to housing to pay the cost of living on base. Once you move from housing (30 days after your spouse moves out or you do) then it should be in your paycheck. I will agree it takes awhile for DFAS to make sure you receive it in paycheck but it will retroactivate back to move out date from housing.

So yes BAH needs to be included on affidavit.

 

[SimplyMom]

Actually you should be receiving your BAH on your LES, but it then goes to housing to pay the cost of living on base. Once you move from housing (30 days after your spouse moves out or you do) then it should be in your paycheck. I will agree it takes awhile for DFAS to make sure you receive it in paycheck but it will retroactivate back to move out date from housing.

So yes BAH needs to be included on affidavit.

Only if the base housing is privatized will he see BAH in his LES, otherwise it's just not there. Not all bases are privatized yet.

Some states require the amount you would recieve in BAH to be counted as your income, even if you don't actually recieve it, because they count all employer received benefits, including "free" housing.

 

[IrishLady47]

You may want to ask your finance office what your "table rate" BAH is for CS purposes. As you know, your housing allowance will change with your duty station, sometimes over $1,000 a month depending on rank. But, you have to account for your housing allowance as part of your income for CS purposes even if you do not actually receive it as it is still considered employee compensation for that purpose.