I have tried to find information on this but had no luck. My husband recently went back to court to raise his child support because he made rank. We were trying to be the honest ones. Well, they raised the support more than double because they counted his BAH and BAS in which they never did before! Now, we live in CA and the child lives in IL. BIG DIFFERENCE in cost of living! We also have 3 children to support and I unfortunetely don't work because of daycare costs. We give up our entire BAH for rent because we live in military housing. Can the courts count this money as income? And, I always thought BAS was for the member, not his/her dependants. PLEASE HELP before we go broke!
IS there anything in writing stating that BAS can not be taken? And, the courts told my husband that his other children "do not matter" because they were born after the child whom he pays support for. WTF? So, basically, we pay more for the child in IL than we do for the children in our home in CA.
I found this for you, but it doesn't really say anything about BAS specifically, but it does mention housing allwance "in-kind" which is what you're getting by living in housing. This is NOT from a .mil site though and as I'm typing this I just remembered that I can't post links to anything here, so I'm not sure how to tell you where I found it.
How does the Army determine child support and spousal support?
Army Regulation 608-99, Family Support, Child Custody and Paternity requires soldiers to pay temporary support depending upon the family situation:
Civilian spouse/children not in military housing: BAH-II (aka “BAQ”) at the with-dependents rate. Civilian spouse/children in military housing: Difference between BAH-II at the with-dependents rate and the without-dependents rate. Civilian spouse/children not in military housing and not living together: Pro rata share of BAH-II to each. Military spouse with no children: No support obligation. Military spouse with children split between parties: No support obligation. Military spouse with all children: The difference between BAH-II at the with-dependents rate and the without-dependents rate. In-kind payments do not generally count toward the support obligation, except in very rare situations. In kind payments include paying for food or for lodging. A battalion/squadron commander may relieve the soldier of the spousal support obligation only in very limited circumstances, such as the civilian spouse having a higher income, being in jail, or committing physical abuse against the soldier, or the soldier having already paid support pursuant to AR 608-99 for 18 months. Finally, infidelity or abandonment does NOT constitute grounds for relief from paying the child support.
there's a difference between MILITARY and the STATE.
Each state sets theor own laws as to what is and is not counted for CS.. they do not follow military guidelines.. which is the procedure when no child support agreement issued by the courts is in place.
We just went to court in PA for my son who is active duty military and the "judge" took into consideration base pay, BAS and BAH (even though she said that she didn't know what that even meant)..I told her that the BAH was for the housing and the BAS was for food and her comment to me was "well your son is paid to eat whereas she (the gf) has to pay for her food..She said I'm taking it all in consideration and he he'll have to pay it based on all of his pay!!! So, in PA they take everything into consideration.
Actually, no. That judge takes it into consideration. That does not mean that every judge will. The attorney should have educated the job on the purposes of BAH and BAS. That is the attorney's job. It is done through motions filed by the attorney. He needs to get a better attorney, one that is willing to talk to JAG and find out what should and should not be included in these computations, and then file in a locale that will not end up with the same family law judge.
There was no attorney as my son couldn't afford one with just entering the military and they wanted so much money. It's all guideline regulated so he figured we'd just go and see how it went. He was okay with the support they put into effect because of the fact that the LES's he showed them didn't have his full BAH on it just the full BAS so she based it on that, had he went in another month he would have been getting the BAH as well and it would have been higher so he doesn't want to stir the pot to say and talk to JAG and then go back in because if they do count the BAS and the BAH then he'd have a higher support amount. Also, it says that he's paying 72% and his ex gf is paying 28% of support and childcare. They didn't put the childcare on the order because she is only working 20 hours a week (and family is watching the boys) but the judge said "when you get a full time job OR go back to school Mr. will be paying you an additional $345 a month for childcare just send in a letter or receipt showing you are paying it that is if it's $480 a month like you are telling me for the 2 boys"..I thought that was a little wrong, as now she will get someone who knows who to do a letter and he'll be responsible to have his wage attached for not the 600.82 but now $945+. He knows he has to support them and he's all about that. The Judge told us "the army doesn't tell me how to do my job and I wouldn't tell the army how to do their job". Because I was saying I didn't think the BAS should be included.
Yup, he may now be finding out that he can't afford not to have the attorney. (Sorry, I used to work for a law firm and we heard that all the time from corporate clients.) You're probably right that he should leave it alone now but he definitely wants professional help if she goes back to court again.
mturb - thank you. He'll definately have an atty if she takes him back to court. Do you know how the support is garnished by any chance? He got it in his email today that there is a garnishment and was wondering do they take it all out of the one check or will they split it? We are hoping they'd take 1/2 the 15th and then the other 1/2 the 1st and she'll get a check the 1st. Just not sure how it works.
Originally posted by 18974576: mturb - thank you. He'll definately have an atty if she takes him back to court. Do you know how the support is garnished by any chance? He got it in his email today that there is a garnishment and was wondering do they take it all out of the one check or will they split it? We are hoping they'd take 1/2 the 15th and then the other 1/2 the 1st and she'll get a check the 1st. Just not sure how it works.
they take it all out on the 1st of the month, BUT it is divided by 2...so techinally they are takin half on the 1st and half on the 15th
I don't understand...so the 15th he'll get his regular check, then the 1st it will be 600.00 less because of the support...I'm confused..because it will be as if they took 1/2 out the 1st and 15th but really it all came out the 1st so she would get a check..I hope I don't sound so dumb..lol
I have a feeling that BabyGirl meant to say that it is paid out on the 1st but deducted from his pay on the 15th and the 1st. His paycheck should be light on that first 15th payday but the recipient of the child support won't see that until the following 1st of the month.
I never had to deal with that, thankfully, so I don't know what happens if the garnishment comes in between the 16th and the 2?th. He probably wants to check with payroll to find out if they would take the entire first month at one time in that case or if they would still just take half of it. After the first month it becomes a moot point.
So, what you are saying is, we basically have to drop the BAH to get a break on child support. My husband pays $1800.00 a month for three children. I'm in college so I'm at home. What a struggle we are going through. We were told by JAG just because the judge set an amount didn't mean it was acceptable through military law. We were informed we could change it through them. They included every dime my husband gets. EVERY RED CENT. The judge in Washington did not care and I feel quite certain since his ex is moving the divorce/support to California, where she just relocated the children, the judge will not have any compassion there either. YEAH TO THE JUDICIAL SYSTEM. This is why I stopped working for a family court judge. If you are fortunate to get a good attorney... do a little background check... you always want your lawyer to be in good with the judge... it's all political just like everything else is.
oh and this doesn't include the $500.00 a month we pay in alimony.. making our money going out to my husbands ex $2300.00 a month. Who can live off that? She works. She gets money from family for a strip mall... can't prove that one... and she gets that from us. She's living pretty high off the HOG per se, while we barely make our power bill each month.
I'm in the process of filing for separation. I don't work at the moment, but obviously that's going to have to change. What can I expect to receive? I've been told by some that I will get the BAH because that's to provide housing for our 2 children. And then child support will be determined by the civilian courts. So I will receive his BAH AND child support? If that's the case, how's he supposed to pay for a place to live? I don't want to take him to the cleaners and leave him out to dry. I just want to make sure my children and I are okay and that I'm given sufficient time to acquire a job....especially since jobs are so scarce right now. So if I get the BAH, how long will that be for?
No, you will not receive BAH and child support. If the court decides on a child support amount, then that is what you will receive. Before you have a court decision, it is best if the two of you can come to an agreement on the amount of support. If you cannot come to an agreement, you will probably only receive the difference between BAH single and BAH with dependents - about $200-300 per month.
BAH, at least the w/o dependents portion, is for his housing, not his children. Child support is to cover part of the expenses that you have in raising the children.
What he receives in BAH will depend upon his pay grade and, possibly the availability of room in the barracks. If he is required to move back into the barracks, and pay child support, then he will get BAH diff which is about 25% of what he is getting right now for BAH w/dependents.