It can be challenging in terms of calculating the income of a military parent, which causes inimitable child support issues to occur in Florida military divorce matters. Income for Florida child support cases is much broader when compared to what the IRS deems as income.
Factors Included in the Calculation of Military Child Support
- BAH and BAS – a military parent is often shocked to find out that the State of Florida considers their Basic Allowance for Subsistence (BAS) and Basic Allowance for Housing (BAH) when determining an appropriate amount of child support. While the IRS does not tax a person’s BAS and BAH, they may be considered in a child support calculation. According to Florida law, food and housing are taken into account when coming up with a proper child support amount. The parent who isn’t in the military should hire a Florida Military Divorce Attorney who understands BAS and BAH benefits and develop a valuation of same using of the methods below:
- Real Estate Appraisal – the lawyer for the parent who is not in the military should consider working with a real estate appraiser who can come up with a fair value of the monthly rent of the property and the amount for utilities.
- A calculation of BAS and BAH foregone by the military parent – a Florida Military Divorce Attorney for a parent who is not in the military may come up with a BAS and BAH would have been if the military parent resides off of the base.
- Per Diem – a parent who is in the military is also entitled to pay per diem, known as per-diem pay, which is a sum of money received each day to address certain costs. Per-diem pay can also be taken into account when calculation a reasonable child support amount, so long as it decreases the military’s parents living costs.
- Child Support and VA Benefits – when calculating child support, the recipient’s VA disability benefits are considered income in the State of Florida. Keep in mind that the parent who is not in the military cannot obtain these benefits stemming from the property division state of the divorce matter.
- Combat and hazard pay – the income of a military parent may rise due to his or her combat zone and hazard pay, which is not subject to federal income taxation. This increase in the amount of pay may cause the child support amount to go up, especially if there a change in time-sharing as a result of deployment.
Attorney Beryl Thompson-McClary has 28 years of Florida Divorce Law experience and she is dedicated to achieving the very best results for her clients. Schedule a confidential consultation today, at no cost to you, by calling our Orlando, Florida office at (888) 640-2999.
