Military Benefits in Child Support
When you are applying the Maryland Child Support Guidelines to calculate what you should ask for or what you should pay for child support, make sure you do not neglect to include any military benefits you may receive or those that the other parent may receive. This includes military housing allowances or military housing provided to you or to the other parent. These benefits are includable by the Court under actual income even though they are not taxable income. This is because you are receiving this income to defray an expense that otherwise would have been paid from your actual income so that it should be included in your calculations when determining child support amounts.
You want to show all of your spouse’s income or the other parent’s income because, when calculating child support, both incomes are taken into account and the amount of child support is based upon the ratio of difference. If the custodial parent is receiving housing aid, this should be taken into account because it is money he or she isn’t having to pay and therefore should be included when calculating this ratio.
For example, if the custodial parent makes $50,000 per year and also received $2,000 per month in military housing allowance and the non-custodial parent makes $60,000 per year, it would not be fair to ask the non-custodial parent to pay more because he or she makes more. In actuality, the custodial parent is making more because of the housing allowance and, therefore, it should be taken into account when calculating his/her actual income. This income is being received and is either paying the living expense or saving from paying expenses to live so that naturally should affect your actual income or that is why it is able to be calculated when determining child support amounts. Here is where the guidelines shouldn’t be applied because there are additional costs such as military housing allowances that must be factored in.
Fred Antenberg is a Familly Law Attorney who can help explain these rules and assist in calculating these amounts. He will review your finances, discuss your financial situation, and reach an amount that would be fair and helpful to his client. Fred handles Divorce and other family law matters in the Howard County and Central Maryland region. CONTACT Fred to help you with your child support questions and other divorce concerns at 410-730-4404.