When navigating child support matters in Virginia, military parents often wonder how their benefits will impact their financial obligations. One of these benefits is the Basic Allowance for Housing (BAH).
Given Virginia’s strong military presence, this question arises frequently in family law cases. If you are a service member or co-parenting with one, understanding what counts as income for child support will be essential to ensure a fair and accurate calculation. At Melone Hatley, P.C., our skilled Virginia military family law attorneys are here to explain how BAH can affect what you or your spouse will have to pay in child support.
What is Basic Allowance for Housing (BAH?)
The Basic Allowance for Housing (BAH) is a tax-free monthly allowance provided to eligible military service members to help cover housing costs when they do not live in government-provided housing. It is designed to offset the cost of renting or owning a home near the service member’s duty station, ensuring that military families have access to adequate housing without paying for it entirely out of pocket.
The amount of BAH will vary depending on:
- The service member’s duty station location
BAH rates are based on the cost of housing in the area where the service member is stationed. Higher-cost areas will have higher BAH rates compared to lower-cost areas. - Their rank/pay grade
BAH increases as a service member rises in rank, reflecting the expectation that higher-ranking individuals may require larger accommodations. - Whether they have dependents
Service members with a spouse and children receive a higher BAH rate than those without dependents to account for the increased cost of family housing.
Other variations of BAH exist for service members living in government housing but not entitled to full BAH or service members who are living in government housing but must also provide for a child not living with them. A separate housing allowance, Overseas Housing Allowance (OHA), is also available for those service members who are stationed overseas in private housing.
Because BAH is designed to cover housing expenses instead of providing discretionary income, service members often wonder whether it is considered part of their gross income when calculating child support obligations.
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Does Virginia Count BAH as Income for Child Support?
Virginia courts consider Basic Allowance for Housing as income when calculating child support. In fact, Virginia courts include most military allowances and benefits as part of a service member’s gross income when determining child support obligations.
Under Virginia Code § 20-108.2 governing child support calculations, child support is based on each parent’s gross income. The law defines gross income as including:
- Salaries and wages, including military Basic Pay, BAH, OHA, Basic Allowance for Subsistence (BAS), military special pay and incentive pay
- Bonuses and special pay, such as hazard pay or re-enlistment bonuses
- Self-employment income
- Social Security benefits
- Pensions and retirement benefits, including military retirement pay
- VA disability pay (with limitations)
- Investment income, alimony, and any other financial benefits
Why Does Virginia Include BAH in Child Support Calculations?
Even though BAH is designated for housing costs, it is still considered a financial resource that contributes to a service member’s ability to support their child.
- While BAH is a financial benefit to offset living expenses, it also allows the service member to use other parts of their income for additional expenses.
- Courts want to ensure that child support calculations accurately reflect a parent’s financial capacity. Without BAH, the service member’s income would be understated, resulting in lower child support obligations for them.
- Both Federal and Virginia state guidelines emphasize that all available resources must be considered when determining child support. Because BAH is a consistent and guaranteed benefit, it is included in child support calculations like regular income.
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What Happens if a Service Member Does Not Receive BAH?
Not all service members receive Basic Allowance for Housing. In some cases, even if a service member does not receive BAH directly, the court may impute their government housing as part of their income to ensure an accurate representation of their financial situation.
When courts impute income, they assign a financial value to the benefit the service member receives. While a civilian parent who pays rent or a mortgage cannot deduct these expenses from their income when calculating child support, a service member living in government housing is receiving free housing as a benefit.
To ensure fairness, the court may estimate the value of that free housing and count it as additional income for child support purposes. It does this by considering:
- The standard BAH rate for the service member’s rank and duty station
- The local housing market
- The cost-of-living adjustments for the service member’s location
A service member may challenge the imputation of a housing allowance if they feel it does not accurately reflect their financial situation. However, Virginia courts generally include some form of housing value in income calculations to ensure military parents meet their child support obligations fairly.
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BAH and Child Support Modifications
Because Basic Allowance for Housing rates change annually, a service member’s ability to pay child support obligations may also change. Furthermore, other changes may also impact a service member’s BAH:
- A Permanent Change of Station (PCS) move
If a service member relocates to a new duty station, their BAH rate may increase or decrease based on the cost of living in that area. For instance, a service member stationed in a high-cost area such as San Diego, CA receives $3,000 per month in BAH. After a PCS move to Fort Bragg, NC, a lower-cost area, their BAH decreases to $1,600 per month. - A promotion or demotion
Promotions and demotions can result in higher or lower BAH rates. A promotion may result in the custodial parent asking for a higher child support payment or a demotion may justify a reduction in child support obligations. - BAH rate adjustments
At the beginning of each year, the Department of Defense adjusts BAH rates based on cost-of-living changes. If a service member’s BAH rate increases or decreases significantly, they may be eligible for child support modification in Virginia. - Transitioning out of the military
When a service member retires or separates from the military, they no longer receive BAH which could justify a downward modification. However, it is important to understand that retirement pay or VA disability benefits are still included in child support calculations.
If a service member’s BAH significantly increases or decreases due to a Permanent Change of Station (PCS), a promotion or demotion, retirement, military separation, or an annual adjustment, they may be eligible for a modification of child support in Virginia. However, courts do not automatically adjust child support when BAH changes. The parent requesting the modification must file a formal request and provide evidence of the change.
The court will only consider a modification when a material change in circumstances affects a parent’s ability to pay. Consequently, changes in the BAH will only qualify as a material change if it has significantly impacted the service member’s gross income. A small fluctuation in BAH may not be enough to justify a modification.
Consulting a Military Family Law Attorney in Virginia
Military benefits like BAH, military retirement pay, and VA disability compensation can significantly impact child support calculations in Virginia. Understanding how these benefits can affect your financial obligations is crucial if you are a service member or military spouse navigating child support matters.
At Melone Hatley, P.C., our experienced team of Virginia military family law attorneys can help ensure that your child support arrangements are fair and reflect your true financial situation. If you have questions about how your military benefits may impact your child support obligations, call us at 800 – 479 – 8124 to schedule a free consultation with one of our Client Services Coordinators today.
Schedule a call with one of our client services coordinators today.
