Legal Question in Family Law in California
Military pay question re: child support
My husband is in the military and currently deployed overseas. His former wife has requested a modification of child support thru CCSA. They had 1 child together. My husband was able to submit his income and expense information prior to his departure yet the proposed stipulation for the new amount was received after he deployed. The calculation includes BAH as nontaxable income yet my husband does not receive or qualify for BAH as we currently reside in govt quarters. His LES shows BAH as income yet under deductions it is clearly taken out, and is not a part of his net pay. Is this right? Can BAH be considered disposable income even if it is not received? If so, the new amount exceeds more than half of his take home pay....
Also, the notice states that if my husband does not sign the stipulation agreeing to the new amount, a hearing will be set. Is he able to stay the proceeding until his return - 8 mos? There is a current order in effect for support and the mom is receiving timely payments. Lastly, we have one chld and although we provided a copy of the birth cert to the agency as requested, no deduction for our child was included in the calcuation either. Is this right??
1 Answer from Attorneys
Re: Military pay question re: child support
Your questions cannot be answered without a lot more information. While your husband does not receive BAH he does receive housing as part of his benefits and most judges will consider the value of that housing in making a calculation of support. You should talk to an attorney and probably have representation at the child support hearing. Do not sign the modification agreement without the advice of an attorney. The amount does sound high. Good Luck, Pat McCrary
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