Does BAH count as income for divorce?

Does BAH count as income for divorce?

According to the California Court of Appeals in the case of In re Marriage of Stanton, BAH and BAS, as well as any additional military allowances such as special duty allowances, are included in total tax-free income when calculating child and spousal support.

Is BAH considered spousal support?

The Basic Allowance for Housing determines spousal support. Service members also receive a BAH if they are separated from their immediate family members. When a couple is not legally separated, the military spouse is required to support his or her dependents – the spouse and children.

Do both people get BAH if married?

In general, dual military couples without dependents each receive single BAH. A military member cannot get BAH with dependents unless they have a dependent. If they get married one of them will lose the BAH with dependents, it will revert to single BAH.

Can you get BAH If your spouse doesn’t live with me?

As long as you are still married, to give up BAH, you would have to reside in on-base family housing. However, unless your dependents move to your duty location, you are not authorized to reside in on-base family housing, because the rules say to qualify, your dependents must be living with you.

Can BAH be counted as income?

The Basic Allowance for Housing (BAH) and Basic Allowance for Subsistence (BAS) are both nontaxable income.

How much BAH do I pay my spouse?

1 family member: 1/2 BAH/OHA, minimum $350 each. 2 family members: 1/3 BAH/OHA, minimum $286 each. 3 family members: 1/4 BAH/OHA, minimum $233 each. 4 family members: 1/5 BAH/OHA, minimum $200 each.

What happens to my BAH When I get divorced?

When parents are divorced, the custodial parent receives BAH-With for the children. A BAH Differential (BAH-Diff) allowance is paid to a member who lives in military housing or has no spouse or children living with him/her, but pays child support greater than the BAH-Diff amount.

How much BAH does a spouse get?

⅓ of the housing allowance or a minimum of $286 each for 2 family members. ¼ housing allowance or a minimum of $233 each for 3 family members. ⅕ housing allowance or a minimum of $200 each for 4 family members. ⅙ housing allowance or a minimum of $174 each for 5 family members.

Who is entitled to BAH?

Who is eligible for BAH? A member assigned to permanent duty within the 50 United States, who is not furnished Gov’t housing, is eligible for BAH, based on the member’s rank, dependency status, and permanent duty station zip code.

What rights does a military spouse have?

The military benefits you’re entitled to as a military spouse include, but aren’t limited to: Installation support services — You have access to child care facilities on the installation and to counseling services, including military legal assistance attorneys who can help you work through divorce proceedings.

What is basic allowance for Housing (BAH)?

A member with permanent duty within the 50 United States, who is not furnished government housing, is eligible for Basic Allowance for Housing (BAH), based on the member’s dependency status at the permanent duty ZIP Code.

What is Bah in a military divorce case?

This article explores what BAH is, how it is calculated, and how its usage is affected by military divorce cases. BAH stands for Basic Allowance for Housing. It is a payment made to Military members in order to pay for their housing and utilities.

What does Bah stand for in the military?

BAH stands for Basic Allowance for Housing. It is a payment made to Military members in order to pay for their housing and utilities. It was previously known as BAQ – Basic Allowance for Quarters. The BAH is designed in such a way that it keeps up with the increasing housing costs.

What are my military allowances if I get married?

For most married service members, those allowances include Basic Allowance for Subsistence (BAS) and Basic Allowance for Housing (BAH). Guard and Reserve pay work a little differently. Read more about that here.