Can BAH and BAS be used for child support?
Can BAH and BAS be used for child support?
So, in summary, Not only is a Servicemembers base pay and other taxable income, but additionally BAH, OHA, BAS and OCONUS COLA is also considered income for child support purposes, even though they do not appear on the Servicemember’s W2.
Do I get BAH with dependents if I pay child support?
A military member who pays child support will receive BAH at the “with dependents” rate, whether or not his or her minor child(ren) resides with that service member, unless “(A) the member is assigned to a housing facility under the jurisdiction of a uniformed service; or (B) the member is assigned to sea duty, and …
Does BAH and BAS count income?
While all pays are taxable, most allowances are tax-exempt. The primary allowances for most individuals are BAS and BAH, which are tax-exempt. Conus COLA is one allowance that is taxable. Tax savings can be significant as BAS and BAH averages over 30% of a member’s total regular cash pay.
Why is BAH considered income?
The Basic Allowance for Housing, or BAH, is a stipend paid to military service members who do not live in government housing. It’s intended to help them afford a place to live. As far as the Internal Revenue Service is concerned, military BAH is not included in gross income, and is not taxable.
Does BAH count as salary?
How are Bah and bas considered in calculating child support?
In a 2010 California case called Marriage of Stanton, the court specifically held that allowances such as BAH and BAS are classified as income for the purpose of calculating child support. The decision set a precedent for the full earnings of military members — taxable or otherwise — to be considered when calculating child support.
Do you count Bah and Bas in alimony?
The answer is yes, they do apply when determining child support and alimony. The reason for this is BAH and BAS are really just income. They’re called different things, but they’re income just like military salary is income.
Do you get Bah and Bas in a divorce?
When doing military divorces and trying to determine child support and alimony, the most common question we’re asked is whether BAH (Basic Allowance for Housing) and BAS (Basic Allowance for Sustenance) apply. The answer is yes, they do apply when determining child support and alimony. The reason for this is BAH and BAS are really just income.
Can a military member receive BAH and bas?
(Never married to the child’s mother. Currently only receiving BAH and BAS because I am married to another military member.) Ask a lawyer – it’s free! The basic answer is yes, Virginia considers BAH and other non-taxable pay as income for child support purposes, as do most states.
In a 2010 California case called Marriage of Stanton, the court specifically held that allowances such as BAH and BAS are classified as income for the purpose of calculating child support. The decision set a precedent for the full earnings of military members — taxable or otherwise — to be considered when calculating child support.
Do you have to pay taxes on a BAH?
The Internal Revenue Service (IRS) does not tax BAH as income, but most states can include BAH payments as income for purposes of calculating child support. The higher your income is, the more you generally pay in child support.
When doing military divorces and trying to determine child support and alimony, the most common question we’re asked is whether BAH (Basic Allowance for Housing) and BAS (Basic Allowance for Sustenance) apply. The answer is yes, they do apply when determining child support and alimony. The reason for this is BAH and BAS are really just income.
The answer is yes, they do apply when determining child support and alimony. The reason for this is BAH and BAS are really just income. They’re called different things, but they’re income just like military salary is income.