Pensacola, FL asked in Family Law, Military Law and Child Support for Pennsylvania

Q: I am active duty military and am stationed in another state.

My cost of living is considerably higher than where my ex lives. I am required to live in a more expensive area due to my military service (proximity to base). PA calculates my non-taxable income (Basic Allowance for Housing and Basic Allowance for Subsistence. Which are given tax free so a service member is able to survive in a specific area.) without regards to my cost of living compared to her cost of living. I can not survive on what is left after support is paid. What can I do to have my cost of living calculated so my support reflects the difference in cost of living required by my job?

1 Lawyer Answer
Kathryn Hilbush
Kathryn Hilbush
  • Media, PA
  • Licensed in Pennsylvania

A: Generally speaking, none of the states consider cost of living or living standards when determining child support. Most states have rules for calculating support orders which involve consideration of income only, not living expenses. You may want to consult by telephone with an attorney in the county where your support order was entered to see if there are any options open for you.

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