Soldiers and Child Support

MANN received this submission anonymously. While we normally don't publish such lengthy pieces, especially if submitted anonymously, this one is just too well-written and timely not to publish. It also reads like it was written as a letter to a government official and so it has content others may find useful. Big thanks to whomever submitted it!

"I am a long-time Army Family Member, being both the daughter of a retired Sergeant First Class, and the spouse of an Active Duty Sergeant First Class, and the sister-in-law of two retired soldiers, in addition to both my brothers serving in the Army; the Army has been the only life I have led. I am proud of the sacrifice that my family has made for the Army and this grateful nation and as such I have dedicated my time to volunteering to honor the life of public service that has been bestowed upon me. It is on behalf of this and other proud servicemen and women that I compose this letter with a serious concern for the soldiers’ and their families.

The current Federal Guidelines for calculating spousal and child support along with many other federal programs allow for each States Attorney General to define at their discretion what can be included as income for non-custodial parents. The Federal Guidelines are silent on what can or cannot be counted as income for service members, therefore each state decides if Basic Allowance for Housing, (BAH) and Basic Allowance for Subsistence (BAS), is calculated for child support. The Federal Guideline is currently only requires states to include healthcare and “income”. Ninety percent of states current count these amounts in calculating child support for noncustodial parents that are service members regardless if they are receiving this money.

The BAH that a service member receives is to house their family either on or off post. The purpose of this is clearly outlined in Army Regulation 608-99 dated February 2003, which covers support of the family and the consequences that soldiers’ may face for non-support. While it addresses issues concerning soldiers’ that do not have court orders for support it also defers to each state as to the inclusion of BAH. Therefore a service member’s child support or spousal support could significantly increase simply by being transferred to another post as BAH is calculated based on zip code and rank. This then causes a hardship on the soldier and their children because child support is the right of the child, but it is the right of the Army to transfer you at any time.

The main issue that this poses is that the inclusion is still applied even if the solider is living in military housing and does not receive that money. The BAS that a service member receives is to provide them, personally with food, and was previously defined as “rations in kind”. If a soldier chooses to eat in the dining facility then they do not receive this benefit and are in different circumstances that vary by location on how much if any BAS they receive, however again ninety percent of states still count this as income for child support purposes.

Most do not understand do to the unique circumstances of soldiers. The law needs to address the inequity that civilians and military face as outlined above. The Federal Law should state that Base Pay, which is truly what they earn for their service, is what is to be used to calculate as there are too many state and military variables that do not allow the members of our Armed Forces to support their children and families in an appropriate manner. When I contacted the U.S. Department of Health and Human Services department with this issue the Agency of Children and Families which administers part of the Federal Child Support Enforcement Act did not know that this is how child support was being calculated for service members as they focus on those that do not pay. This is an issue that should be handled on a Federal Level.

As an active member of the Army Volunteer Corps I have personally seen how this impacts soldiers’ and families not just on my personal situation. Lower ranking soldiers that earn far less than my spouse are unable to meet day to day expenses because of how these calculations are made from state to state. Some have been evicted from their homes, had vehicles repossessed and were forced to take out loans just to survive. One soldier in particular deployed to Iraq and although he was divorced from his spouse and child support had been set and he was current, she was able to successfully petition the court (he waived his SSRA) to increase his support based on his BAH and Combat Pay even though he had joint custody of their children and the Army allowed for him to maintain quarters for them. This increased his support to over $3000.00 per month for two children and when he returned from war he was forced to file for bankruptcy. Sir, children have the right to be supported by both parents but members of the Armed Forces need a specific outline in the Federal Child Support Guidelines so each state cannot treat each solider differently."