Legal Question in Family Law in Texas
My husband is in the Army and stationed in TX. We are divorcing and he says that his child support will be calculated based ONLY on his base salary and that his BAH is not considered at all when determining how much child support would be paid since it is technically not " taxable income". We have been married 3 years and I do not work outside the home. He also says that the Army will not pay him BAH if I have full custody which would make him have to pay child support out of his base salary but, that if he has at least 50% custody, they would pay him BAH which he could use to pay child support. I am confused. I thought BAH and BAS counted as income for the purposes of calculating child support and that regardless of who has what % of custody,would get BAH. Can you please help clarify this? Thank You.
1 Answer from Attorneys
I hear this all the time from people in the military!
Child Support is based on a thing called "net resources". And I assume that neither of you have any idea of what that means. Most people don't.
Military people argue with me about their pay & how child support is calculated. They never like how TX calculates child support. I understand that it varies...he won't like his child support -- it's going to be painful for him.
Let the attorneys (or the judge) calculate the child support. They can figure it out!
Again, he's not going to like it & he's going to complain about it.
Child support in TX is calculated from a formula. Attorneys know how to do this.
Quit arguing with him & turn this over to a TX family law attorney to handle.
Look on this website & on www.avvo.com
Happy Thanksgiving!
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