Calculating Child Support

[rjerez]

I am currently active duty military and this is a two part question. My wife's attorney is trying to include BAH (Basic Allowance for Housing) in the child support payments. My wife and my son live in Florida. Do they have the right to include my BAH in calculating child support payments?

Also, my wife lives with her parents which is where my son also lives. She is receiving all of her financial support from her father including living there rent free and has no financial responsibility. Even though my wife doesn't work, wouldn't her father's income be used in order to properly calculate the child support payments?

Thank you for any help or advice.

[Attorney Howard Iken]

I have always considered BAH to be income - for purposes of child support calculation.

I would argue the same is true for the other party - that receives "in-kind" benefits. In other words I would argue the provision of house, utilities, etc are equivalent to income for the wife.

[rjerez]

Thank you very much for the advice! I greatly appreciate it.