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https://www.divorcesource.com/ds/florida/calculating-military-divorce-child-support-4631.shtml
BAS and BAH. Military parents are often surprised to learn that Florida includes their Basic Allowance for Housing (BAH) and Basic Allowance for Subsistence (BAS) when calculating for child support. BAH and BAS are nontaxable for the IRS, but are included in child support calculations.
https://dadsdivorce.com/articles/child-support-for-military-dads-does-bah-count-as-income/
In my state, you and your wife are correct to include your BAH in estimating the child support award that will be ordered by the court as your BAH is considered income to you. Certain aspects of your BAH, such as a COLA, may not actually reduce your personal expenses and thus may not be considered “actual income” for purposes of child support.
https://www.martindale.com/family-law/article__1539204.htm
Jun 27, 2012 · BAH/BAS, Base Housing, and Hazard Pay may or may not be included in the child support guidelines, leading to a wide array of potential support payments for the military member. This article discusses how Florida analyzes child support for the military member.
https://www.jacksonvilledivorcelawyerblog.com/florida_child_support_can_be_r_1/
Sep 14, 2016 · In determining the income of the parties, the Florida Statute allows for the income of the parties to be determined based on taxable and nontaxable income, so if a party is in the military that party’s BAH and BAS pay will be considered income. Florida family law cases are often required to go to mediation to determine child support, time-sharing (e.g. visitation or custody pre 2008), and the like.
https://www.petition2congress.com/ctas/stop-adding-bah-child-support-our-military-members
Which is ultimately unfair to the service member paying child support. If a Service member pays child support for three children in the amount of $1,900.00 and BAH and BAS are included in the figure due to the courts adding in non-taxable entitlements (ie.
http://www.mdjustice.org/node/2271
Nov 21, 2011 · The California court therefore joined courts across the nation in holding that “federal preemption is inapplicable to military allowances such as BAH and BAS, and that such allowances are included in a party’s gross income for purposes of support when State law encompasses them.”
https://www.divorcesource.com/ds/military/child-support-in-the-military-630.shtml
The military housing allowance, now called the Basic Allowance for Housing (BAH), is nontaxable allowance paid to service members who do not live in government housing. Service members also receive a BAH if they are separated from their immediate family members. Both pay and all allowances are used to calculate child support.
https://www.reneelazarlaw.com/blog/2017/10/bah-and-bas-are-they-included-in-a-service-members-income-for-purposes-of-calculating-child-support.shtml
Oct 23, 2017 · BAH and BAS, are They Included in a Service Members Income for Purposes of Calculating Child Support in Massachusetts? On behalf of Law Offices of Renee Lazar posted in Military Divorce on Monday, October 23, 2017.
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