Montgomery, AK asked in Military Law for Alabama

Q: I am in the military my daughters mother is taking me back for more child support, can my housing allowance and clothing...

...be counted as income? I also get food allowance when I am out sea.

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1 Lawyer Answer
William E. Scully Jr.
William E. Scully Jr.
Answered
  • Military Law Lawyer
  • Daphne, AL
  • Licensed in Alabama

A: Yes. In Alabama your BAH and BAS are included in your income in determining what an appropriate level of child support is. Rule 32 of the Alabama Rules of Judicial Administration governs child support. Here's a link to that rule: http://www.alacourt.gov/pdfppt/arjarule32.pdf Take a look at section (B)(4). There is also case law in Alabama that I don't have time to look up right now.

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