Washington State Child Support for Military Personnel: BAH, BAS, and Deployment

Washington Child Support Basics for Active Duty Military

With major installations like Joint Base Lewis-McChord (JBLM) and Naval Base Kitsap, Washington State is home to thousands of military families. When a service member faces a divorce or paternity case, military compensation creates unique challenges for child support calculations. Civilian courts, not military commanders, have the final say on child support amounts. To ensure your military pay is calculated fairly, you should consider finding an experienced local family lawyer through our US Attorney Directory.

Washington child support is calculated using the Form WSCSS-Schedule, Washington, Superior Court, Washington State Child Support Schedule. This schedule heavily relies on Wash. Rev. Code § 26.19.071, which dictates exactly what types of income are counted. For military personnel filing in the Pierce County Superior Court, Tacoma or the Thurston County Superior Court, Olympia, understanding the distinction between taxable base pay and non-taxable allowances is critical. A leading precedent, In re Marriage of Kraft, 119 Wash. 2d 438 (WA Supreme Court 1992), highlights how Washington courts rigorously apply military benefits and retirement when assessing a party's true financial standing.

Dissecting Military Pay: What Counts as Income?

Does BAH and BAS Count as Gross Income?

The most common surprise for service members is how the court treats Basic Allowance for Housing (BAH) and Basic Allowance for Subsistence (BAS). Even though the IRS does not tax these allowances, Washington State law strictly counts them as gross income for child support purposes. Because these allowances reduce your out-of-pocket living expenses, the court considers them part of your overall financial resources. When filling out your financial declaration, you must list your base pay, BAH, and BAS together.

Combat Pay Exemptions

Unlike standard allowances, hazardous duty pay or Hostile Fire Pay received during a combat deployment is often treated differently. While Wash. Rev. Code § 26.19.071 is incredibly broad, courts often recognize that combat pay is temporary and strictly tied to the extreme risks of a specific deployment. Your attorney can argue that temporary hazardous duty pay should be excluded from your historical average income, preventing your child support from being artificially inflated based on a temporary deployment.

How Deployment Affects Existing Orders

Deployment does not automatically pause or reduce your child support obligation. If you are deployed and your income changes (for example, if you lose a second civilian job or experience a shift in allowances), your existing court order remains legally binding. If you fall behind, you will accrue arrears and face interest penalties. To change your payment amount, you must formally petition the court for a modification. Proactive communication with the Washington State Division of Child Support, Olympia is essential before you leave the country.

Tricare Credits for Child Support

Washington law requires parents to provide healthcare coverage for their children. As a military member, enrolling your child in Tricare satisfies this requirement. Because Tricare premiums for dependents are generally minimal or zero, you will not receive a large 'credit' on your child support worksheet for paying health insurance premiums, unlike civilian parents who might pay hundreds of dollars a month for private employer-sponsored plans.

The Servicemembers Civil Relief Act (SCRA)

If you are deployed or stationed overseas, your ex-spouse cannot easily secure a default judgment against you in a Washington court. The Servicemembers Civil Relief Act, 50 U.S.C. § 3932, is a powerful federal law that protects active-duty military personnel. If you are served with a petition for child support or a modification while deployed, you can request a 'stay' (a pause) of the legal proceedings for at least 90 days. This ensures that you are not penalized for being unable to physically appear in a Washington courtroom due to your military duties.

How Much Does it Cost in Washington?

Modifying a child support order involves several predictable costs:

• Court Filing Fees: Filing a petition to modify child support in a Washington Superior Court usually costs around $56.
• Process Server Fees: If you need to serve papers to your ex-spouse, expect to pay between $75 and $150.
• Attorney Fees: Family law attorneys near JBLM or Bremerton generally charge $250 to $450 per hour. A standard modification might cost anywhere from $2,500 to $6,000, depending on the complexity and whether the other parent contests the changes.

How Long Does the Process Take?

If both parties agree to the military income calculations, an uncontested modification can be approved by a judge in 30 to 60 days. If the modification is contested, or if SCRA protections are invoked to pause the proceedings during a deployment, the process can easily take 6 to 12 months to reach a final resolution.

Frequently Asked Questions (FAQ)