My husband is going through a child support/child custody right now while we are stationed overseas, his dad has power of attorney to be at court for us. We have a child that was born before the paternity was established as well. Is the court going to take our BAH/BAS when it comes to child support even though our BAH/BAS will be changing next year and in the next 3 years as well? His NCO's say it is only base pay but civilian lawyers say they are not sure but it could be everythiNG.
2007-10-14 12:43:42 · 9 answers · asked by needhelp16 1 in Politics & Government ➔ Military
The case is in Colorado. His ex didn't tell him about the child for three years and she of gone through the military as she knew his info but wanted to try and do things under the table. She hasn't even filed a response to the petition we filed a month ago yet. We paid for the paternity test, filed first and are paying voluntary child support.
2007-10-14 13:07:53 · update #1
His dad who is prior military and used to be a paralegal is representing us in the case while we are overseas.
2007-10-14 13:09:34 · update #2
Be prepared for the worst.
2007-10-14 12:48:28 · answer #1 · answered by Anonymous · 1⤊ 0⤋
It can vary from state to state but I would almost certainly say the BAH will be taken into consideration. The BAS is not meant for supporting a family...all military members get it and it is directly for them, so that one may not be considered. COLA will more than likely be taken into consideration as well. While I am sure his Dad has some experience, I would recommend getting an attorney and having his father work along with him. As there is a lot of back story and quite possibly there will be negoitions concerning visitation while he is overseas (if that is what he wants). Unfortunately, the fact he has other children will not alter the amount...most states use a flat percentage of income when awarding child support.
2007-10-14 14:31:57 · answer #2 · answered by Annie 6 · 1⤊ 1⤋
It might be very wise to have a child support attorney that specializes in military cases review over everything before you sign off on anything. To make sure you are being represented fully on all accounts.
I am sorry that I don't have information to give you concerning BAH/BAS or military but I do have good information to give your for the long haul of things.
You need to
DOCUMENT EVERYTHING and make every payment on time.
***I can not say this enough:***
DOCUMENT ~ DOCUMENT ~ DOCUMENT everything!!!!!
Pay consistently, on time each month. DO NOT GIVE CASH.
Always pay by money order or check and keep copies of EVERYTHING YOU HAVE PAID.
***If you pay directly to your ex then get a file and keep organized records over every child support payment.***
***Keep receipts of everything you buy your children because EVERYTHING you buy can be applied to your child support payment***
In some cases it it better to go through the child support enforcement office because it holds both sides accountable BUT if you ever get behind on a payment they will become the child support payee's enemy and no matter what your x is doing will not matter cause THEY WANT THE MONEY.
KEEP GOOD RECORDS on visits, children behaviors, phone calls, money, time spent and not spent together & etc.
Trust me on this ~ in the future you will be very THANKFUL you documented everything.
2007-10-17 07:05:45 · answer #3 · answered by Anonymous · 0⤊ 0⤋
It really depends on how well your attorney represents you. BAH is based on having dependents, so a lot of judges will use that as a reason to count your BAH into the child support factor. It is supposed to be base pay only though.. It really helps to have an attorney who is familiar with military pay representing you.
Other children definitely do factor into the equation in every state. Your husband will be required to submit your child's name and cost of raising as well...
2007-10-14 13:01:13 · answer #4 · answered by Denise S 5 · 1⤊ 0⤋
No they won't automatically take his BAH or the others. The judge will take those into account for his judgment, but he needs to be made aware of the fact that these are variable amounts that change by location and rank.
The government usually will not enforce any set level of support, choosing to defer to family court judgment. The fact that your husband has a current family to support will also mitigate in his favor. As long as you don't have court in California or Massachusetts you should be in reasonably good shape.
2007-10-14 13:00:22 · answer #5 · answered by morgan j 4 · 1⤊ 0⤋
the state the custody.child support case is in detrmines what can and cannot be used as income. some do require BAH. BAS and COLA to be added. others do not.
HOWEVER EVERY TIME you PCS you have the right to have it looked at again and adjusted because BAH does change with duty station.
2007-10-15 01:01:37 · answer #6 · answered by Mrsjvb 7 · 0⤊ 0⤋
my husband has a daughter with his ex wife...she is in ohio, when they did his child support they considered his base pay only (because if you move on base you lose BAH and if you PCS your BAH could go up or down) and that is for the service members housing and any dependents that they have with them. if he was getting single rate BAH he could get a BAQ differential to help with child support but since he is getting dependent rate they most likely wont give it to him. your COLA is untouchable.....my husbands ex tried to get more support when we went to japan when she found out he made more money. the court told her that COLA is only given out for the number of dependents that are in the country with the service member therefore her daughter was not entitled to any of the money. mind you this was ohio but i think its pretty uniform across the board.
2007-10-15 00:28:30 · answer #7 · answered by CRmac 5 · 0⤊ 0⤋
you will no longer proceed to get new child help in case you marry. new child help is assume to be till you could desire to assist your self. while you're no longer waiting to assist your self you haven't any longer any business enterprise getting married! in case you could desire to assist your self and a spouse you haven't any longer any business enterprise accumulating new child help!! i don't comprehend why you basically do no longer wait till you're complete with college till now getting married...what's the frenzy???
2016-10-09 05:49:21 · answer #8 · answered by ? 4 · 0⤊ 0⤋
I wish you luck but it may look like you will have to help carry the burden of your husband's exploits.
2007-10-14 12:52:52 · answer #9 · answered by !truth! 7 · 0⤊ 1⤋