Legal Question in Family Law in California

Spousal and Child support calculations relating to military pay entitlements

I am a doctor in the military. In addition to basic pay, I get allowances such as Basic Allowance for Subsistence (BAS), a housing allowance (BAQ), professional pay, etc. In addition, I get incentive bonuses which are contingent to me agreeing to serve an additional 1-4 years. The bonuses are NOT linked to prior service done (such as while I was with my wife--currently separated). All the base agencies I've spoken to indicate that these allowances are not to be used to calculate child and spouse support, yet my wife's attorney is using it. The judge, court, and my attorney don't seem to know any better. I need to know what entitlements are and are not to be used in calculating support.

Thanks.


Asked on 12/18/01, 12:06 pm

1 Answer from Attorneys
Matthew Kremer Law Offices of Matthew M. Kremer

Re: Spousal and Child support calculations relating to military pay entitlements

Base legal often does not understand CA law. They may have gone to law school in Wisconsin or wherever and just don't know law that is state-specific, like family law.

In CA, the courts do look to bonus income although it needs to be done in the correct manner. See In re Marriage of Kerr.

A bigger question is your military pension. Are you a CA resident or just here on military assignment? Have you made a general appearance or a "Tucker" appearance.

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Answered on 12/18/01, 5:42 pm


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