How Military Allowances (BAH and BAS) Impact Child Support Calculations in North Carolina

North Carolina is home to some of the largest and most vital military installations in the United States. Navigating family law matters as a servicemember requires a specialized understanding of both state statutes and federal military regulations. A frequent point of confusion is how the state handles various forms of military compensation. Many servicemembers mistakenly believe that because certain allowances are not taxed by the IRS, they are also exempt from child support calculations. This is entirely incorrect. In the family courts of this state, non-taxable allowances are routinely scrutinized to ensure that both parents are contributing adequately to the financial wellbeing of their children.

How NC Child Support Guidelines Treat BAH and BAS

The North Carolina Child Support Guidelines, governed broadly under N.C. Gen. Stat. § 50-13.4, explicitly require courts to consider income from any source. This includes Basic Allowance for Housing (BAH) and Basic Allowance for Subsistence (BAS). Even though these funds are meant to offset the costs of living off-base or purchasing food, state law views them as a reduction of your personal living expenses, thereby increasing your overall financial ability to support a child. When filling out Form AOC-CV-627, North Carolina, Administrative Office of the Courts, Child Support Worksheet A, these allowances must be added to your base pay to determine your total gross monthly income. How this plays out often depends on the specific base and the local court's familiarity with military pay statements (Leave and Earnings Statements, or LES).

Servicemembers at Fort Liberty (Fayetteville)

Fort Liberty (formerly Fort Bragg) has a massive footprint in Cumberland County. Judges at the Cumberland County District Court, Fayetteville are intimately familiar with military pay structures. If you receive the 'with dependents' BAH rate because of a new spouse or another child, the court may look closely at whether that full amount should be attributed to the current child support calculation. Generally, the entire allowance is still counted as gross income, but local attorneys from our directory can help you present your LES accurately to avoid over-calculation.

Marines at Camp Lejeune (Jacksonville)

For personnel stationed at Camp Lejeune, family law matters are primarily handled by the Onslow County District Court, Jacksonville. The cost of living in Onslow County directly dictates the BAH rates for Marines. If a Marine is living in base housing and receives BAH that is immediately deducted from their paycheck to cover that housing, the gross amount is still used in the formula. The court views the provision of free base housing as an in-kind payment that constitutes income.

Airmen at Seymour Johnson AFB (Goldsboro)

Air Force personnel at Seymour Johnson generally file their family law actions at the Wayne County District Court, Goldsboro. For Airmen who deploy frequently or are temporarily assigned elsewhere, their BAS might fluctuate. It is crucial to use an average of these allowances over the past 12 months rather than a single unusually high or low month. Presenting a historically accurate financial picture is critical for a fair support order.

Combat Pay Exemptions and VA Disability Offsets

While BAH and BAS are routinely included, the treatment of other military compensation requires nuance. Combat pay, or Hostile Fire Pay/Imminent Danger Pay, is not automatically excluded by statute because North Carolina broadly defines gross income as income from any source, exempting only means-tested public assistance. However, because combat pay is temporary, dangerous, and irregular, family court judges have discretion to average or prorate this non-recurring income over time or treat it separately so it does not artificially distort long-term monthly obligations. Furthermore, veterans receiving VA disability compensation must also report it. The landmark case Rose v. Rose, 481 U.S. 619 (US Supreme Court 1987) affirmed that VA disability benefits are considered income for the purposes of calculating child support, even though federal law exempts them from most creditors.

Step-by-Step Process for Military Support Modifications

If you are deployed, receive a permanent change of station (PCS), or experience a significant change in your military income, you may be entitled to modify your existing order. Here is the general step-by-step process in North Carolina:

Step 1: Filing the Motion to Modify

You or your lawyer must file a Motion to Modify Child Support in the county where the original order was entered. Under N.C. Gen. Stat. § 50-13.7, you must demonstrate a substantial change in circumstances. Under the state Child Support Guidelines, a 15% difference between the existing obligation and a recalculated amount creates a legal presumption of a substantial change only if the current order is at least three years old; if less than three years have passed, you must independently prove actual changed needs of the child or substantial financial shifts. You will file this with the local Clerk of Superior Court.

Step 2: Invoking the Servicemembers Civil Relief Act (SCRA)

If you are deployed and cannot attend court, federal law protects you. Under the Servicemembers Civil Relief Act, you can request a stay of proceedings. This means the court must pause the hearing until you return from deployment and can adequately defend yourself. You will need to provide the court with a letter from your commanding officer confirming that your military duties prevent your appearance.

Step 3: Submitting Financial Affidavits

Both parents must exchange updated financial information, including recent tax returns, W-2s, and your last three months of military Leave and Earnings Statements. Ensure your BAH, BAS, and base pay are clearly delineated.

Step 4: Mediation and Hearing

Many jurisdictions require parents to attempt mediation. If an agreement cannot be reached, the judge will calculate the final amount during an evidentiary hearing based on the strict state guidelines.

How Much Does it Cost in North Carolina?

The costs to file or modify a child support order vary, but you should anticipate the following general expenses in a typical military case:

How Long Does the Process Take?

For a standard modification where both parties live in North Carolina, the process typically takes 3 to 6 months from the date of filing. However, if a servicemember invokes the SCRA due to an overseas deployment, the process can be delayed for 90 days or longer, depending on the length of the military assignment. In cases handled by the state's Child Support Enforcement (CSE) agency, administrative delays can push the timeline closer to 8 months.

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