Calculating Child Support for Military Service Members in Hawaii: BAH, BAS, and Deployments

Child Support for Service Members in Hawaii

With massive installations like Pearl Harbor, Schofield Barracks, and Kaneohe Bay, Hawaii is home to thousands of active-duty military personnel. When service members go through a divorce or separation, calculating child support requires a specialized understanding of military pay structures. The Defense Finance and Accounting Service (DFAS) issues a Leave and Earnings Statement (LES) that breaks down a service member pay into various categories. Understanding how the Family Court of the First Circuit, Kapolei interprets this LES is critical to ensuring a fair and accurate child support order.

Are BAH and BAS Included in Gross Income?

Yes. The Basic Allowance for Housing (BAH) and Basic Allowance for Subsistence (BAS) are non-taxable allowances designed to help service members pay for off-base housing and food. However, under Hawaii Child Support Guidelines, these allowances are absolutely considered part of a parent gross income. Because these allowances relieve the service member of everyday living expenses, the family court views them as available income that can and should be used to support their children. Whether you are stationed at Joint Base Pearl Harbor-Hickam or Marine Corps Base Hawaii, your BAH and BAS will be factored directly into the calculation worksheet.

How Deployment to Combat Zones Affects Child Support

When a service member is deployed to a combat zone, their income structure changes. They may receive Hostile Fire Pay, Imminent Danger Pay, or Family Separation Allowance. Additionally, their standard pay becomes tax-exempt. While the tax-exempt status increases their net take-home pay, Hawaii courts generally focus on the gross income. Depending on the length of the deployment, the family court may adjust the child support obligation to reflect these additional specialty pays. Service members should immediately consult a military-versed family lawyer in our directory if they are facing deployment.

Handling VA Disability Benefits

If a service member separates from the military and receives VA disability pay, that income is generally protected from standard property division in a divorce. However, child support is a different story. The precedent set by Rose v. Rose, 481 U.S. 619 (US Supreme Court 1987) clearly established that state courts can consider VA disability benefits as income when determining a parent child support obligation. Even if you waived a portion of your military retirement to receive tax-free VA disability (under rules explored in Howell v. Howell, 581 U.S. 214 (US Supreme Court 2017)), that disability pay is still counted as gross income by Hawaii child support agencies.

Step-by-Step Process for Military Parents

Establishing child support for military families in Hawaii requires extra attention to federal military regulations alongside state family law.

Step 1: Analyze the Leave and Earnings Statement (LES)

Your attorney will thoroughly review the most recent LES to identify Base Pay, BAH, BAS, and any special duty assignment pay. This provides the baseline gross income figure required for the Hawaii state formula.

Step 2: Complete the Child Support Worksheet

Both parents must submit Form CSGW, Hawaii, Family Court, Child Support Guidelines Worksheet. For the military parent, the gross income section must accurately reflect the combined total of base pay and all qualifying allowances.

Step 3: Serving the Service Member

Serving court papers to an active-duty member on base can be tricky. Process servers generally cannot walk onto Schofield Barracks freely. They often must coordinate with the base Provost Marshal or have the service member voluntarily accept service at the Family Court of the First Circuit, Kapolei.

Step 4: Finalizing the Order and DFAS Garnishment

Once the judge issues the final support order, it can be sent directly to DFAS. Federal law allows DFAS to garnish a service member pay to fulfill child support obligations, ensuring consistent and automatic payments directly to the receiving parent or the Child Support Enforcement Agency, Kapolei.

How Much Does it Cost in Hawaii?

Military families face the same general court costs as civilians when litigating child support.

• Court Filing Fees: Roughly $150 to $250 for initiating a child support motion.
• Military Base Process Server Fees: Coordinating service on base can sometimes incur slightly higher process server fees, generally ranging from $75 to $150.
• Attorney Fees: Military-specific family lawyers typically charge between $300 and $500 per hour due to the complexities of DFAS and federal regulations.

How Long Does the Process Take?

If the service member is stationed locally and both parties agree to the LES figures, the process can be finalized in 1 to 2 months. However, under the 50 U.S.C. § 3932, a deployed service member has the right to request a stay (pause) in court proceedings. If they exercise this right, the process can be delayed until their deployment ends.

Frequently Asked Questions (FAQ)