Louisiana Child Support Guidelines for Military Personnel: BAH, Deployments, and VA Benefits

With major military installations like Barksdale Air Force Base, Fort Johnson (formerly Fort Polk), and NAS JRB New Orleans, thousands of active-duty servicemembers, reservists, and veterans call Louisiana home. When military parents go through a divorce or a custody battle, calculating child support requires navigating a complex intersection of state family law and federal military regulations. Military pay structures look very different from civilian W-2s, and factors like overseas deployments and tax-free allowances can create massive confusion in the courtroom. To ensure your rights and your children's financial futures are fully protected, we strongly recommend hiring a local Louisiana family law attorney from our directory who understands military pay structures.

Step-by-Step Process in Louisiana

Establishing child support when one or both parents are in the military involves specific paperwork and a thorough understanding of the Leave and Earnings Statement (LES). Here is how the process generally unfolds.

Step 1: Calculating Total Military Compensation

Your lawyer will begin by requesting the servicemember's most recent LES. This document breaks down base pay, hazard pay, and various housing and food allowances. Unlike a civilian pay stub, military compensation has several non-taxable components that must be properly added together to determine the true gross income for child support purposes.

Step 2: Filing the Petition

The action must be filed in the appropriate Louisiana parish, such as the 1st Judicial District Court, Shreveport (near Barksdale AFB) or the 36th Judicial District Court, DeRidder (near Fort Johnson). Your attorney will submit a Form Worksheet A, Louisiana, Department of Children and Family Services, Obligation Worksheet A to the court, utilizing the adjusted military income to determine the baseline support amount.

Step 3: Setting Up DFAS Garnishment

Once the Louisiana judge signs the final child support order, it can be sent directly to the Defense Finance and Accounting Service (DFAS). DFAS will process the Income Withholding Order (IWO) and automatically deduct the child support amount from the servicemember's paycheck every month, ensuring consistent payments for the custodial parent.

Including Basic Allowance for Housing (BAH) and BAS as Income

One of the most common disputes in military child support cases is whether tax-free allowances count as income. Servicemembers receive Basic Allowance for Housing (BAH) and Basic Allowance for Subsistence (BAS) to cover rent and food. Because these are not taxed by the IRS, some servicemembers mistakenly believe they are excluded from child support calculations. However, under La. R.S. § 9:315(C), gross income includes any allowances that reduce a parent's living expenses. Therefore, BAH, BAS, and even hazard or flight pay are fully added to the servicemember's base pay to calculate their total gross income in Louisiana family courts.

Modifying Support During Overseas Deployments

Military life is unpredictable. If a servicemember is deployed overseas, their income might temporarily increase due to imminent danger pay or family separation allowances. Conversely, if a reservist is called to active duty, their military pay might be significantly lower than their civilian salary. In Louisiana, you can request a temporary modification of child support if a deployment causes a material change in income. Furthermore, the federal 50 U.S.C. § 3931 protects deployed members from having default judgments entered against them if they are overseas and cannot attend a court hearing in places like the Family Court of East Baton Rouge Parish, Baton Rouge.

Dividing VA Disability Benefits

When a veteran is injured during their service, they may receive tax-free VA disability compensation. While federal law strictly prohibits state courts from dividing VA disability pay as marital property in a divorce, it can be counted as income for the purpose of calculating child support. The precedent set by the United States Supreme Court in Rose v. Rose, 481 U.S. 619 (US Supreme Court 1987) established that VA disability benefits are intended to support the veteran and their dependents. Therefore, a Louisiana judge will include these benefits in the veteran's gross income when running the child support worksheet.

Navigating DFAS Wage Garnishment

If a servicemember falls behind on child support, military regulations are very strict. Commanding officers expect their troops to support their dependents. While a commander cannot force a soldier to pay a specific amount without a court order, failure to pay can result in disciplinary action under the UCMJ. Once a state court issues an arrears judgment, DFAS can garnish up to 50% to 65% of the servicemember's disposable pay, depending on whether they have a second family to support.

How Much Does it Cost in Louisiana?

Establishing or modifying child support involves standard legal fees, but utilizing military resources can sometimes offset costs.

• Court Filing Fees: Filing a petition in a Louisiana district court generally costs between $150 and $250.
• Private Attorney Fees: Hiring a private family lawyer typically requires a retainer of $2,000 to $5,000, depending on the complexity of the deployment schedules.
• JAG Office Services: While military JAG officers on base cannot represent you in a civilian Louisiana state court, they can offer free initial legal advice and help you understand your LES.

How Long Does the Process Take?

If both parents agree on the calculations and sign a stipulated agreement, the court can finalize the child support order in roughly 30 to 45 days. However, if the servicemember is currently deployed under SCRA protections, the proceedings can be legally stayed (paused) until they return to the United States, which can delay the final order by 6 to 12 months.

Frequently Asked Questions (FAQ)