Florida Divorce Start Your Divorce Find Professionals Florida Articles Divorce Facts Divorce Grounds Residency Divorce Laws Property Division Alimony Child Custody Child Support Divorce Forms Grandparent Rights Forum Florida Products Divorce by County
Calculating Military Divorce Child Support
Calculating a military parent’s income can be rather complex, as unique child support issues arise in Florida military divorces. Income for Florida child support issues is broader compared to what the IRS considers income.
What factors are included in a military divorce’s child support calculation?
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.
Florida law allows for food and housing in child support calculations. The nonmilitary parent’s counsel should be aware of BAH and BAS benefits and value these benefits using any of these two methods:
A military parent gets per-diem pay, or allowance “per day” to cover various costs. This can also be included in child support calculations, as long as the per diem reduces the recipient’s living expenses.
VA Disability Benefits and Support
When determining military child support, VA disability benefits are also included as child support income. The nonmilitary spouse, however, is not entitled to these benefits during the distribution of assets in a Florida military divorce case.
Hazard and Combat Zone Pay
A military parent’s gross income may increase due to his or her hazard pay and combat zone pay. A military parent’s entire combat pay is not subject to federal income tax. This increased pay is subject to a higher child support obligation, especially if there is a corresponding change in time-sharing due to the military parent’s deployment.
Calculating Military Child Support is Complex
Military divorces and child support calculations and complex and present various unique issues. It is important to seek legal counsel to ensure that your rights are protected and that child support computations are fair.
All Florida divorcing spouses who have children must complete a Parent Education and Family Stabilization class before a divorce will be granted by the court. This parenting class is mandatory because it helps to minimize the emotional trauma of the divorce on the children. Each parent must independently complete the course before the divorce enters the court. They must provide the court with a certificate of completion to prove the obligation has been met.
Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
|Your Right to Child Custody, Visitation & Support
Cover Price: $
Your Price: $17.95
You Save: $7.00
"A Plain English Guide to Protecting Your Children"
Author: Mary L. Boland, Attorney at Law
|The information contained on this page is not to be considered legal advice. This website is not a substitute for a lawyer and a lawyer should always be consulted in regards to any legal matters. Divorce Source, Inc. is also not a referral service and does not endorse or recommend any third party individuals, companies, and/or services. Divorce Source, Inc. has made no judgment as to the qualifications, expertise or credentials of any participating professionals. Read our Terms & Conditions.|