Legal Question in Family Law in Texas

Child support based on military pay
The rate of child support I currently pay is based upon my military pay (I'm active duty)but includes my housing and utility and food allowances. It also uses the married tax rate rather than the single tax rate. Since my military benefits (housing, food, etc) are conditional and based on the fact that I don't live on post, I feel like they should not be considered when figuring the amount of child support I should pay. I can't find an attorney that knows enough about the military to represent me in court. Is there a law that specifically addresses bonuses & benefits in the military when figuring child support obligations?

Asked on 12/14/04, 2:25 pm

Fran Brochstein Attorney & Mediator

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Re: Child support based on military pay

Child support is based on a legal term called "net resources".

You can read about it on-line in the Texas Family Code. Around Section 154.062

Generally speaking, your child support is based on all sources of income - including (sorry!) housing, food allowance, etc.

If your case is in Harris County, you can give me a call.

Good luck!

Merry Christmas!

Fran Brochstein

www.familylaw4u.com

713-847-6000

Answered on 12/14/04, 5:12 pm

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