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Court Rules BAH and BAS Allowance as Income for Calculating Child Support

In Re: Marriage of Stanton (2010) 190 C.A. 4th 547

Child support obligation, Father, is in the military. He alleges that Basic Allowance Housing (BAH) and Basic Allowance Subsistence (BAS) are nontaxable and sine a federal exemption bars garnishment for collection; they are not income for purpose of calculating child support.

The court held that the federal preemption is inapplicable and Family Code Section 4053 takes into account "actual income" not "taxable income" so it is included for calculation of child support.

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