Military Allowance Pay and how it is part of your gross pay.

[JPress]

What is the name of your state? Florida

First, I am not trying to be cheap when it comes to my kids.

I am in the Air Force and my wife has filed for divorce. I am trying to complete the paperwork and get this done and over with ASAP. The problem is we have two small children. I need to know if Florida law requires that all my military allowances (non-taxable income) I receive for Housing and food, count towards my income? I am worried about this because that non-taxable stuff is almost half my paychecks. And I use it on Housing and Food...Well any information you can give would be greatly appreciated. thank you.

 

[LdiJ]

What is the name of your state? Florida

First, I am not trying to be cheap when it comes to my kids.

I am in the Air Force and my wife has filed for divorce. I am trying to complete the paperwork and get this done and over with ASAP. The problem is we have two small children. I need to know if Florida law requires that all my military allowances (non-taxable income) I receive for Housing and food, count towards my income? I am worried about this because that non-taxable stuff is almost half my paychecks. And I use it on Housing and Food...Well any information you can give would be greatly appreciated. thank you.

Yep, it counts as part of your income for child support purposes. You may need to downsize, just as your wife is likely to have to downsize as well.

 

[Inquiry123]

What is the name of your state? I am worried about this because that non-taxable stuff is almost half my paychecks.

The good news -- it's "non-taxable"!

The rest pay support on money we might use on Food and Housing AFTER it's taxed by Uncle Sam.

You should have an attorney familiar with FL/military review your forms before you submit them. Good luck.

 

[ILOVEMYGSM3]

replying under my roomates name

*I* am in the navy, and my wife is in jax fla...i have spoken to 3 diff atty's here on base in CA, and have been told that the BAH is not allowed to be used, as when my divorce is final, i won't get bah anymore(not dependent, at least...i am an e4 so i can live in town)
also, my ex wife(yes married 2 times)filed our divorce in kentucky, and her and her atty thought they could get her $900 a month b/c of my bah...my atty(mlitary)showed them that after i divorce, i would not recieve that extra money(i was an e2 then, and had to live in barracks), and that $900 was about 75% of my gross income...then, i was an e-2 with 3 years, and my pay was like what? 1400 a month before taxes...? the judge actually laughed, and agreed with my atty that there was no way he was going to include income that would not be there a week after he made the judgement...

now, when i get this child custody in court, they can base it on only my gross income, b/c the navy will allow me to continue living in the barracks till a certain pay grade...so i can actually refuse single bah after my divorce, and there is nothing my wife, or her atty or a judge can say...i'm lucky enough to have a command who if they think i'm going to get ripped, they will issue me papers to go back to the barracks, to help me protect myself(lol, huge improvement, b/c b4 they were ripping me themselves!)...

good luck...unless you are what? an e5 or e6, bah is not standard, and i doubt it is then...however, if you later apply for single bah, which i'm sure you will having kids in the same town, wanting visitation, she can modify the CS order to include that raise in your income...

for anyone who contradicts this, please keep in mind, that MILITARY LEGAL instructed me on that, and also, bah is a PRIVLEDGE not a requirement, and at ANY TIME the military can revoke it...to prove that, the girl who is actually under this name had a $ issue with her hub, and they told her and him that if they could not come to an agreeement, they would stop the bah since they were not living together, and since her hub is only an e3 he is not allowed to live in town without a special "chit" from him command...

 

[JPress]

Yep, it counts as part of your income for child support purposes. You may need to downsize, just as your wife is likely to have to downsize as well.

The main problem in downsizing in a city like Vegas is I am in the cheapest one bedroom I can find and I am still paying alot...

Thanks for everyone's input. I am an E-4 as well. I have talked to base legal. But they are only aware of Nevada's Laws. And my understanding is Florida is a little more stringent. Unfortunately there is not alot I can do about that. I guess the general concensus here is I should get a civilian attorney in Florida?

Well thanks again.

 

[Silverplum]

The main problem in downsizing in a city like Vegas is I am in the cheapest one bedroom I can find and I am still paying alot...

Thanks for everyone's input. I am an E-4 as well. I have talked to base legal. But they are only aware of Nevada's Laws. And my understanding is Florida is a little more stringent. Unfortunately there is not alot I can do about that. I guess the general concensus here is I should get a civilian attorney in Florida?

Well thanks again.

If your divorce is happening in FL, then yes, you need a FL attorney. But make sure s/he *specializes* in family law AND military divorces. Good luck to you.

 

[ILOVEMYGSM3]

you can contact base legal at another installation

i believe...if your wife has NOT gone to base legal, then you can...i have to be represented by base legal in CALI b/c my wife made it to the legal on base in FL before i could...now, base legal where she is will not even talk to me, b/c of conflcit of interest...find a good lawyer who is familiar with military divorce...the state does not give us our bah, so personally i don't see why a state should think they can use that as income...especially if you think about it, the military is actually trying to dump bah differential...whcih means you only get dependent if ur married, or your kids live with you...why don't you just go back to the barracks since she is in another state? hell here in cali i have to split a 2br rent w/my gf and a guy i've known since a-school...so i feel ya on the expensive part of things...good luck

 

[CMS1001]

your BAH should not be included in your income for determining child support. my husband went through all of this when child support was determined for his daughter. Talk to legal on base. Some attorneys off base know what they are talking about, while many do not. There are a whole lot of differences when it comes to military service members. It should only be your regular pay that you actually are going to see as a single soldier that will count. Finance or your command should be able to help you determine what those amounts will be. Hope to help!

 

[ILOVEMYGSM3]

Well, Well, Well

this is the servicemember in the house...and i'm glad to see that someone else knows as well the military/civilian standards on divorce and/or child support...so thats 2 people who DO KNOW what they are talking about...anyone want to tell me i don't know what i'm talking about now? and i mean the posts I'VE made, not the regular screen name holder...and yes, you can see the difference...

 

[mommyto4]

*sigh*

Actually you are incorrect about MANY things...

1) JAG can not ASSIST with Civilian matters. (ie a divorce). They can not respresent a civilian member either. So this wish wash about going and having your STBX getting council from JAG is BU IT.

2) Any INCOME that you are receiving CAN be included as income when determining child support. BAH, BAS and clothing CAN be included.

FYI before you start spewing off that you are the MILITARY MEMBER... DOH your not the only one around here that has experiance in this area.

 

[ILOVEMYGSM3]

mommy...

actually, base legal can assist ANY DEPENDENT...however, they cannot FILE anything for you. also, they did ASSIST MY WIFE IN FILLING HER divorce papers out... , and also ASSISTED MY WIFE IN RESPONDING...and before you say that they did not, her papers were signed(notarized) by a navy legal person...in fact, all of my paperwork has gone through navy legal here in cali as well...they cannot represent me in a civilian court, however, they can assist with paperwork and such...again, i will say that in BOTH of my divorces, my bah WAS NOT allowed to be added, as they can only determine what i will make AFTER my divorce, as all of my bah will stop, untill i can submit the forms to recieve BAH w/o dependents...also, my bas(food allowance), as i will get that married or not, and it CANNOT be included, as that is my FOOD PAY...and that follows me everywhere...the barracks, overseas, etc...

1 reason bah is not calculated(according to my NAVY LEGAL ATTY)is b/c the way it fluctuates area by area....
example-i am a navy e-4 in california...my bah is 1275...however, if i were to be an e-4 in the army, based at ft hood, tx...my bah would only be 775...see that huge gap??? and those are the rates of bah with a wife, or minimum 50/50 custody of children...also, when i go to japan next year, i will actually lose ALL bah, as i will be single, living in barracks....

 

[Inquiry123]

Reveille -- (your wake-up call)

...and i'm glad to see that someone else knows as well the military/civilian standards on divorce and/or child support...so thats 2 people who DO KNOW what they are talking about...anyone want to tell me i don't know what i'm talking about now?

Mr. GSM3:

Please do not be offended...You "don't know what [you're] talking about, now".

Let's try this from a different angle. You're not going to find any book in a civilian courtroom that defines what items listed on a military LES (or any other paystub) should/should not be used to determine the obligor's actual remuneration for services. BAH and BAS are a form of remuneration. If you don't want to have BAH used when support is calculated, move onto base and get it OFF the LES immediately -- BEFORE support is calculated.

An argument could still be made that in the situation you describe (no BAH/BAS due to living on base) child support should still be higher because FREE FOOD AND HOUSING is still a form of remuneration even though it is not itemized on the LES.

One example from my world: I drive a luxury car that is provided by my employer. Fuel, maintenance, insurance is all provided by my employer but the actual value of that item is not reflected on my pay statements. Should my income be viewed differently because I receive renumeration in a form (a FREE CAR) that other people would have to pay for? I suppose so. And the value of that renumeration? $6,000? $16,000? That's where having an experienced att'y helps.