Calculating Child Support for Military Service Members in Georgia: BAH and BAS
For military service members in Georgia, BAS is included in gross income, while BAH is counted only in part at the non-locality rate (BAH II without dependents). However, strict exemptions apply to Hostile Fire Pay and combat zone compensation.
Navigating Military Child Support in Georgia
Georgia is home to a massive military population, housing critical installations like Fort Moore in Columbus, Robins Air Force Base in Warner Robins, and Naval Submarine Base Kings Bay in St. Marys. While military service is honorable, navigating a divorce or child support dispute as a service member presents highly unique legal challenges. The military compensation structure is fundamentally different from the civilian sector, utilizing a complex system of base pay, tax-free allowances, and specialized hazard pay.
Many service members mistakenly believe that because certain allowances are not taxed by the IRS, they are also exempt from child support. Georgia law strongly disagrees. Understanding exactly which parts of a Leave and Earnings Statement (LES) count toward child support is critical to ensuring a fair court order. If you are stationed in Georgia and facing a family law dispute, you can utilize our US Attorneys directory to find a local lawyer who deeply understands military divorce and the Servicemembers Civil Relief Act.
Decoding the Military LES for Child Support
Under O.C.G.A. § 19-6-15, the Georgia Child Support Guidelines specifically address military compensation. When filling out the Form CSW, Georgia, Superior Court, Child Support Worksheet in courts like the Superior Court of Muscogee County, Columbus or the Superior Court of Houston County, Perry, the court will dissect your LES line by line.
Basic Allowance for Housing (BAH)
The Basic Allowance for Housing (BAH) is a tax-free stipend designed to offset the cost of off-base housing. While the IRS does not touch BAH, Georgia family courts do not include the full BAH amount from your LES. Under O.C.G.A. § 19-6-15(f)(1)(E)(iv), child support calculations include only the portion of the allowance that is not attributable to area variable housing costs-specifically the non-locality rate (Non-locality BAH / BAH II) at the without-dependent rate. Even if you live on-base in government quarters and do not receive a physical BAH check, the court may still impute the value of that non-locality housing into your income calculation.
Basic Allowance for Subsistence (BAS)
Similarly, the Basic Allowance for Subsistence (BAS)-a tax-free allowance meant to pay for a service member's meals-is 100% countable as gross income under Georgia law. The court's logic is straightforward: because these allowances cover your essential living expenses (food and shelter), they free up your base pay to be used for the financial support of your children.
Combat Pay Exemptions
There is a major exception that protects deployed service members. Under the Georgia guidelines, specialized hazard pay, specifically Hostile Fire Pay or Imminent Danger Pay, is explicitly excluded from your gross income calculation. If you are deployed to a recognized combat zone, the extra money you receive for being in harm's way cannot be used to permanently increase your baseline child support obligation.
VA Disability Benefits
Many veterans returning to Georgia receive disability compensation from the Department of Veterans Affairs. Federal law and the landmark US Supreme Court case Rose v. Rose, 481 U.S. 619 (US Supreme Court 1987) established that state courts can indeed use VA disability benefits as countable income for the purpose of calculating child support, even though these funds are strictly protected from standard creditor garnishment.
How Deployment Affects Modification Timelines
Deployments heavily disrupt the legal process. If an ex-spouse files for a child support increase while you are deployed overseas, they cannot simply win a default judgment against you. The federal 50 U.S.C. § 3932 (SCRA) allows military personnel to request a mandatory 'stay' (pause) of all civil court proceedings, including child support modifications, if their military duties materially affect their ability to appear in court. This ensures you have the opportunity to return to Georgia and properly defend your case in the Superior Court of Camden County, Woodbine (near Kings Bay) without being penalized for serving your country.
Court Costs and Attorney Fees
Modifying a military child support order involves standard state filing fees, though some military legal assistance offices can provide basic guidance for free. Full litigation requires a private attorney.
| Superior Court Filing Fee | $200 to $250 |
| Sheriff Service of Process | $50 (or waiver via acknowledgment) |
| Private Attorney Retainer | $3,000 to $7,500+ |
| Mediation Fees | $150 to $300 per hour (split) |
How Long Does the Process Take?
If neither party is deployed and both agree on the LES calculations, a modification can be swiftly finalized in 60 to 90 days. However, if a service member invokes the SCRA to pause proceedings during an overseas deployment, the process will be completely frozen and could easily take 9 to 15 months to resolve after they finally return stateside.
Frequently Asked Questions (FAQ)
Can child support be taken directly from my military pay?
Yes. The Defense Finance and Accounting Service (DFAS) will process a state Income Deduction Order and garnish your military pay directly, provided the garnishment complies with federal limits.
What happens if my BAH drops because I moved into the barracks?
If your physical BAH check stops because you moved into government-provided single quarters, the court may still impute a housing value into your income. You would need to file a formal modification to argue why your obligation should be lowered.
Are GI Bill education benefits counted as income?
Generally, funds paid directly to a university for tuition are not counted as income. However, the monthly Basic Allowance for Housing (BAH) stipend you receive directly into your bank account while using the Post-9/11 GI Bill is typically counted as gross income.
Can my commander force me to pay child support without a court order?
In the absence of a civilian court order, military regulations (such as Army Regulation 608-99) require service members to provide adequate interim financial support to their dependents. Failure to do so can result in severe UCMJ disciplinary action.
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