Military pay is a different animal — a base salary wrapped in allowances, special pays, and tax treatments that civilian support formulas were not written around. For families connected to Patrick Space Force Base and the broader Space Coast military community, child support calculations hinge on getting the military-specific pieces right, and errors in either direction cost real money monthly. From the military family law practice of The Law Office of John Vernon Moore, P.A. in Melbourne.
What Counts as Income: More Than Base Pay
Florida counts what the service member actually receives — and that includes the allowances civilian eyes miss. BAH (Basic Allowance for Housing) and BAS (Basic Allowance for Subsistence) are income for Florida support purposes even though federal tax law excludes them — they reduce living expenses, which is the statutory test for in-kind income, and Florida courts count them consistently. Add special pays as applicable — flight pay, hazardous duty, sea pay, reenlistment bonuses (the regular-and-continuous analysis applies to bonuses) — and drill pay for Guard and Reserve members. The LES (Leave and Earnings Statement) is the foundational document: recent statements through discovery answer most military income questions, and both sides should read every line, because BAH rates vary by dependents and duty station in ways that matter to the worksheet.
Deployment, PCS, and the Moving Calculation
Military income is a moving target: deployment adds combat zone tax exclusion and family separation allowance while changing the overnight distribution; PCS moves change BAH rates and sometimes the whole time-sharing architecture; promotion cycles and reenlistment reshape the number every few years. The support principles hold steady — orders continue through deployment, and material changes support modification on the 15%/$50 standard, filed promptly because adjustment runs from filing. Deployment-specific parenting protections (§ 61.13002, temporary schedules, family designations) are covered in our deployment parenting guide; the support corollary is simple — deployment neither suspends the obligation nor freezes the right to seek adjustment when the numbers genuinely move.
Enforcement in the Military Context
Support enforcement against service members has extra machinery: involuntary allotments reach military pay through DFAS for support arrears, the standard Florida arsenal applies, and — distinctively — command awareness matters: failure to support family members violates service regulations, and while commanders cannot garnish wages, the administrative pressure of a support complaint through command channels is real. On the other side, service members facing enforcement have SCRA procedural protections when duty impairs their ability to litigate. Both directions reward counsel who speaks the military’s language — allotments, DFAS procedures, and the regulation framework are their own small practice area.
The Guard, the Reserve, and the Retiree
Part-time warriors get part-time complexity: drill pay and annual training stack on civilian income; activations swing earnings dramatically mid-order (a modification trigger in both directions); and the civilian-employer/USERRA return adds another variable. Military retirees pay support from retired pay like any income — and retired pay division in the property case (our military divorce practice covers USFSPA and DFAS orders) runs on a separate track from the support calculation, a distinction that prevents double-counting arguments when both are in play. VA disability compensation, though generally protected from property division, counts as income for support purposes — a point that surprises many veterans.
Frequently Asked Questions
Is BAH really counted even though it is tax-free?
Yes — Florida counts allowances that reduce living expenses regardless of tax treatment. Tax-free status affects the net-income math, not the inclusion.
My ex deployed and stopped paying support. What now?
The obligation continued — arrears are accruing with interest, and DFAS allotment enforcement reaches deployed pay. Deployment is not a payment holiday.
Does VA disability count for child support?
As income, yes — federal protections shield it from certain garnishments and property division, but Florida includes it in the support income calculation.
How does the combat zone tax exclusion affect the worksheet?
It raises net income during the exclusion period — one of several deployment-era changes that can justify temporary recalculation in either direction. Bring the LES history; the documents decide.
Military Pay, Correctly Counted
Our team brings over 89 years of combined experience and genuine fluency in military compensation to Space Coast support cases. Call (321) 529-7777 or contact us online for a free 30-minute consultation.