Military Child Support Rules in South Carolina: Handling BAH, BAS, and Deployments

Military Child Support Rules in South Carolina

South Carolina is incredibly proud of its strong military presence, home to thousands of service members stationed at installations like Fort Jackson and Joint Base Charleston. However, military life brings unique complications to family law matters, particularly when determining child support. Whether you are dealing with the Family Court of the Fifth Judicial Circuit, Columbia or the Family Court of the Ninth Judicial Circuit, Charleston, military compensation is scrutinized differently than civilian pay.

Both federal statutes, such as 10 U.S.C. § 1408, and state guidelines established under S.C. Code Ann. § 63-17-470 govern how military income is handled. Because the intersection of state law and military regulations is highly complex, finding a family lawyer from our USA directory who understands military benefits is highly recommended to protect your financial future.

Step-by-Step Process in South Carolina

Calculating support for a service member involves deciphering a Leave and Earnings Statement (LES) and understanding deployment rules. Here is what you need to know.

Are BAH and BAS Counted as Gross Income?

One of the biggest shocks for service members is discovering how allowances are treated. While Basic Allowance for Housing (BAH) and Basic Allowance for Subsistence (BAS) are non-taxable by the IRS, South Carolina Family Courts absolutely count them as part of your gross income for child support purposes. The court's logic is that these allowances reduce your living expenses, freeing up more money to support your children. This standard has been consistently upheld in cases analogous to Rose v. Rose, 481 U.S. 619 (US Supreme Court 1987), which emphasize a broad definition of income.

Handling Combat Pay and Hazard Pay

If you are deployed to a combat zone, you may receive special pay. Whether this counts toward child support depends on whether it is considered a permanent part of your income. Typically, temporary hazard pay for a short deployment might not permanently alter your baseline child support obligation. However, the court will closely review your LES to see how much extra you are earning and may temporarily adjust the support if the deployment is extended.

Modifications During Overseas Deployments

Deploying overseas can drastically change your financial situation and custody arrangements. If you are deployed, you can seek protection under 50 U.S.C. § 3932. This federal law allows you to request a stay (pause) of family court proceedings if your military duties prevent you from attending hearings in South Carolina. Additionally, you can request a temporary modification of child support to reflect changes in your physical custody schedule during your absence.

Income Withholding Limits Through DFAS

Once an order is issued, the custodial parent can apply to have child support deducted directly from an active-duty service member's military paycheck. Under 42 U.S.C. § 659 and 5 C.F.R. Part 581, a standard Form OMB 0970-0154, FED, Office of Child Support Services, Income Withholding for Support (IWO) is submitted to the Defense Finance and Accounting Service, Cleveland. DFAS enforces strict garnishment limits; generally, they cannot withhold more than 50% to 60% of your disposable military pay for child support, ensuring you still have funds to live on.

How Military Pay is Treated in SC

How Much Does it Cost in South Carolina?

Military child support cases involve standard family court costs, plus potential extra fees for specialized knowledge.

• Court Filing Fees: The basic filing fee in South Carolina Family Courts is generally $150.
• Attorney Fees: Hiring an attorney versed in military law usually costs between $250 and $450 per hour. Expect a retainer of $3,000 to $6,000.
• Mediation Costs: If the court mandates mediation, the mediator's fee typically ranges from $150 to $300 per hour, split between the parties.

How Long Does the Process Take?

If you are stationed at a local base and not facing deployment, an uncontested child support agreement can be finalized in 2 to 4 months. However, if you are actively deployed, SCRA protections can pause the proceedings for several months. A highly contested military child support case involving complex military pensions or disability pay can take anywhere from 9 to 15 months to fully resolve in the South Carolina courts.

Frequently Asked Questions (FAQ)