Military Child Support Rules in Oklahoma: Calculating BAH, BAS, and Deployment Pay
In Oklahoma, military child support calculations include non-taxable allowances such as Basic Allowance for Housing (BAH) and Basic Allowance for Subsistence (BAS). These are added to your base pay to determine your total gross income for child support.
Oklahoma is home to major military installations, including Tinker Air Force Base in Oklahoma City, Fort Sill in Lawton, and Altus Air Force Base. For the thousands of service members stationed here, navigating family law can be incredibly stressful. Military compensation structures are vastly different from civilian paychecks, featuring a mix of taxable base pay and non-taxable allowances. Understanding how the state views these income sources is vital for establishing fair support orders.
A common mistake service members make is assuming that non-taxable military allowances are immune from child support calculations. In reality, Oklahoma family courts scrutinize the Leave and Earnings Statement (LES) very closely. If you are facing a divorce, a paternity suit, or preparing for an overseas deployment, you must protect your rights. We encourage you to use our US Lawyer Directory to find a military-focused family law attorney in Oklahoma.
How Oklahoma Treats Military Pay and Allowances
The calculation of gross income in Oklahoma is governed by Okla. Stat. tit. 43, § 118B. The statute is explicit: gross income includes base pay as well as in-kind benefits and allowances that reduce personal living expenses. For military members, this directly targets housing and food stipends.
Calculating BAH and BAS
The Basic Allowance for Housing (BAH) and Basic Allowance for Subsistence (BAS) are non-taxable benefits. However, because they significantly reduce a service member's living expenses, Oklahoma courts classify both as gross income for child support purposes. Even if you live on base in government housing and do not receive BAH in your paycheck (an in-kind benefit), the court will often impute the value of that housing into your gross income. Under statutory rules governing income calculations in Okla. Stat. tit. 43, § 118B(E)(3), the courts consistently aim to reflect a parent's total real-world financial resources.
Factoring in Hazard Pay and DFAS Wage Garnishment
Service members also receive specialty pay, such as flight pay, jump pay, or Imminent Danger Pay (hazard pay). Generally, if this pay is continuous and reliable, it is included in the child support calculation. If it is a temporary bonus for a brief assignment, an attorney can argue to exclude it or average it. Once support is ordered, it is typically enforced through an income withholding order (garnishment). The Oklahoma court will issue a Form 03EN004E, Oklahoma, Department of Human Services, Income Withholding for Support. This form is sent directly to the Defense Finance and Accounting Service, Cleveland, which processes military payroll and automatically deducts the child support from your paycheck.
Modifying Support During Overseas Deployment
Deployments bring major lifestyle and financial changes. While deployed, your BAH may remain the same, but you might stop receiving certain local allowances and start receiving hazard or combat pay. If your overall income changes significantly due to a deployment, you have the right to request a temporary modification of your child support. However, it is crucial to file this motion in an Oklahoma court, such as the Comanche County District Court, Lawton (near Fort Sill) or the Jackson County District Court, Altus, before you leave. Support cannot be modified retroactively in Oklahoma.
How Much Does it Cost in Oklahoma?
Military child support cases involve specific procedural steps.
- Attorney Fees: Hiring an Oklahoma family law attorney familiar with military nuances (like interpreting an LES or handling 50 U.S.C. § 3932 protections) typically costs between $2,000 and $4,500.
- Filing Fees: Filing a petition for modification or establishing paternity in an Oklahoma District Court generally costs about $150 to $200.
- DFAS Processing: There is generally no cost to the service member for DFAS to process an income withholding order, though standard administrative state fees may apply to the withheld amounts.
How Long Does the Process Take?
Establishing an initial child support order usually takes 60 to 90 days if both parties agree on the income calculations. If a service member is actively deployed or stationed out of state, the 50 U.S.C. § 3932 (SCRA) allows them to request a stay (pause) in the civil proceedings. This stay is typically granted for at least 90 days if the service member's military duties materially affect their ability to appear in court, potentially extending the timeline significantly.
Frequently Asked Questions (FAQ)
Does VA disability pay count as income for child support?
Yes. While Veterans Affairs (VA) disability compensation is generally protected from taxation, Oklahoma family courts almost universally include VA disability pay as gross income when determining the monthly child support amount.
What is the maximum amount DFAS can garnish from my military pay?
Under the 15 U.S.C. § 1673(b), DFAS can generally garnish up to 50% of your disposable earnings for child support if you are supporting a second family, or up to 60% if you are not. An additional 5% can be added if you are more than 12 weeks behind in payments.
Can my commander force me to pay child support?
While a commander cannot issue a legal child support order, all military branches have regulations requiring service members to provide adequate support to their dependents. Failing to do so before a court order is established can result in military disciplinary action.
Does BAH count if I live on base?
Yes. Even if you live in base housing and do not see BAH hit your bank account (because it is directly absorbed by the housing office), the court considers the value of that housing as an in-kind benefit and typically includes it in your gross income.
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