Child support calculations are already complex under Florida law, but when one or both parents are members of the military, the process becomes significantly more nuanced. Military families must navigate a variety of pay components, allowances, and entitlements that are unique to service members—and all of these can impact the calculation of child support. These additional elements require careful legal and financial analysis to ensure the final order reflects both fairness and statutory compliance.
From base pay to housing allowances, deployment income to retirement pay, each form of military compensation must be evaluated to determine whether it constitutes “gross income” under Florida’s child support guidelines. Whether you are the military parent or the civilian parent, you need clarity on what benefits are considered and how the Florida courts will treat them during support proceedings.
A skilled Tampa divorce attorney understands the military pay structure, Florida’s statutory framework, and the importance of applying both accurately to protect parental rights and serve the best interests of the child. This article provides a detailed guide on how child support is calculated when military benefits are involved, including key legal considerations, common mistakes, and strategies for presenting and defending child support claims in military divorces or paternity cases.
Understanding Florida’s Child Support Guidelines
Florida child support is governed by Florida Statutes § 61.30. The statute provides a formula based primarily on:
- The combined monthly gross income of both parents;
- The number of children;
- The percentage of time the child spends with each parent;
- Health insurance and childcare costs;
- Other expenses, such as uncovered medical expenses or special needs.
Once gross income is determined, allowable deductions are subtracted to yield each parent’s net income. The combined net income is used to find the presumptive child support amount from the statutory guideline chart.
For military parents, identifying and valuing income correctly is essential to ensure compliance with the law and to avoid future enforcement or modification issues. A Tampa divorce attorney will gather complete financial documentation from military sources and apply the correct legal framework to reach a support figure that is both fair and enforceable.
What Counts as Income for Military Parents?
Florida’s child support statute defines gross income broadly. For military parents, the following sources of compensation are typically included:
1. Basic Pay (Base Salary)
Basic pay is the foundation of military compensation. It varies depending on rank and years of service and is always included in the gross income calculation.
2. Basic Allowance for Housing (BAH)
BAH is a non-taxable allowance paid to military members to offset the cost of housing. Courts have consistently ruled that BAH must be included in gross income, whether the service member receives it directly or lives in on-base housing.
3. Basic Allowance for Subsistence (BAS)
BAS is a non-taxable food allowance. While it is meant to support the service member, Florida courts generally include BAS as income in child support calculations.
4. Special Pay and Bonuses
Hazard pay, flight pay, sea pay, re-enlistment bonuses, and other specialty pays are all included as income.
5. Incentive Pay
Incentive pays related to specific duties or skills, such as language proficiency or medical service, are also counted as income.
6. Deployment and Combat Pay
Deployed service members may receive tax-free income while in a combat zone. This pay is typically included in gross income, but a Tampa divorce attorney can argue for adjustments based on its temporary or non-recurring nature.
7. Imputed Income from In-Kind Benefits
Free housing, utilities, or meals provided by the military are considered in-kind benefits. While not always monetized, courts may impute value to these benefits in the income calculation.
8. Military Retirement Pay
Retired service members receiving military pensions must include that income in child support calculations, even if it is partially waived to receive VA disability benefits.
9. VA Disability Compensation
Disability compensation is usually included as income. Even though it’s tax-free, courts consider it a benefit available to the parent and child.
10. Drill Pay (for Reservists and National Guard)
Weekend and training pay earned by reservists or National Guard members is considered income and must be included.
A Tampa divorce attorney with experience in military family law will carefully review Leave and Earnings Statements (LES), tax returns, and benefit records to build a comprehensive financial profile.
Deductions Allowed from Gross Income
After calculating gross income, Florida law allows deductions for certain expenses before determining net income. These include:
- Federal, state, and local income tax (based on actual tax liability, not withholding);
- Mandatory retirement contributions;
- Health insurance premiums (excluding the child’s portion);
- Court-ordered support for other children;
- Union dues;
- Medicare and Social Security withholdings.
For military members, deductions must be verified with accurate documentation. A Tampa divorce attorney will ensure that no unauthorized deductions reduce the support obligation artificially.
Time-Sharing and Its Impact on Child Support
In Florida, child support is not determined solely by income—it is also influenced by the number of overnights each parent has with the child. If a parent has at least 20% of overnights (73 nights per year), Florida’s guidelines adjust the support amount based on the shared parenting formula.
This adjustment can significantly reduce or increase the support obligation, depending on the percentage of time-sharing.
For military parents, time-sharing may fluctuate due to:
- PCS relocations;
- Temporary duty assignments (TDY);
- Deployment;
- Irregular schedules.
A Tampa divorce attorney will help construct a realistic time-sharing plan and present evidence to support its feasibility, especially when military obligations may affect regularity.
PCS Orders and Support Calculations
When a military parent receives Permanent Change of Station (PCS) orders, it can affect child support in two ways:
- Modification of Time-Sharing
If the PCS order significantly alters the parenting schedule, one parent may file a petition to modify the parenting plan. A change in overnights can lead to a corresponding change in support. - Modification of Support Based on Income or Need
If the PCS results in a change of income (due to changes in duty status or COLA adjustments), either parent may file for modification based on a substantial change in circumstances.
A Tampa divorce attorney will review the specifics of the PCS order and determine whether support should be recalculated.
Temporary Duty (TDY), Deployment, and Variable Income
Military parents often experience temporary income increases due to deployments or training. Courts typically include this income, but may adjust it if:
- The income is non-recurring;
- The deployment is temporary and atypical;
- The assignment creates expenses that offset the increased pay.
A Tampa divorce attorney can present evidence that distinguishes between permanent and temporary income, allowing the court to reach an equitable conclusion.
Imputed Income for Voluntary Underemployment
If a military parent voluntarily separates from service or reduces income without a valid reason, the court may impute income based on their earning capacity.
This often occurs when:
- A service member retires early;
- Voluntarily chooses not to reenlist despite eligibility;
- Pursues education rather than employment without justification.
A Tampa divorce attorney representing the civilian parent may request imputation. Conversely, a Tampa divorce attorney representing the service member may present evidence that the change was reasonable and made in good faith.
Child Support When the Military Parent is the Custodial Parent
If the military parent is the primary caregiver, the civilian parent may owe child support—even if the military parent receives substantial benefits. The same guideline calculation applies, with adjustments based on time-sharing, health insurance, and childcare expenses.
A Tampa divorce attorney will ensure that the military parent’s benefits are not unfairly used to reduce the other parent’s obligation.
Healthcare and TRICARE Coverage
TRICARE, the military’s healthcare program, often provides full medical coverage for the child. If the military parent provides TRICARE coverage, they receive a credit for the cost of insuring the child.
However, since TRICARE is a benefit, not a premium-based plan, its actual “cost” may be imputed based on comparable civilian insurance rates.
A Tampa divorce attorney can negotiate or litigate this issue when determining credits or obligations for medical expenses.
Childcare and Base Services
On-base childcare may be subsidized or provided at a reduced rate. This impacts the child support calculation, particularly if one parent incurs less childcare cost than the other.
Florida law allows childcare costs to be factored into the support guideline, so the court will consider the actual cost to each parent.
A Tampa divorce attorney can present documentation showing on-base childcare rates and how they compare to private market options.
Enforcement of Child Support Orders Against Military Members
When a military parent fails to pay court-ordered child support, there are several enforcement options:
- Income Withholding Orders (IWO): Garnishment from military pay through DFAS (Defense Finance and Accounting Service).
- Contempt of Court: Civil sanctions, including jail, fines, or loss of parenting time.
- Interception of Tax Refunds: Applied to arrears balances.
- Suspension of Licenses: Including driver’s and professional licenses.
- Military Sanctions: Commanding officers may be notified, and service members may face disciplinary action under the UCMJ for failing to support dependents.
A Tampa divorce attorney can coordinate with DFAS, the Florida Department of Revenue, and the court to enforce support orders effectively.
Modifying Child Support Orders Involving Military Parents
Support orders can be modified if either parent experiences a substantial, material, and unanticipated change in circumstances. This may include:
- Promotion or demotion;
- Retirement from military service;
- Relocation affecting time-sharing;
- New children or dependent obligations;
- Changes in health, income, or housing costs.
A Tampa divorce attorney will file a supplemental petition and present updated financial affidavits, orders, and supporting documents to justify the modification.
Jurisdictional Considerations: UIFSA and UCCJEA
Child support involving military families may trigger multi-state issues. Florida follows the Uniform Interstate Family Support Act (UIFSA) and the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which determine where child support and custody issues may be litigated.
Military parents may be stationed in a different state or country. The proper jurisdiction usually depends on:
- The child’s home state;
- Where the original support order was entered;
- Where both parties currently reside.
A Tampa divorce attorney can analyze jurisdictional rules and ensure the case is filed or enforced in the proper venue.
Calculating Child Support During Military Retirement
Military retirement pay is subject to child support, even if it is partially waived in exchange for VA disability benefits. Courts consider the full amount as income, regardless of how it is classified for federal tax or military purposes.
A Tampa divorce attorney will work with DFAS to determine the exact monthly retirement amount and ensure it is accurately presented in court.
Strategies for a Fair and Accurate Support Order
- Obtain and analyze full LES and military benefit records.
- Consider both taxable and non-taxable income.
- Document all time-sharing and caregiving responsibilities.
- Adjust for temporary assignments or deployment pay.
- Use vocational experts when imputation is at issue.
- Stay current on changes in military pay policy and allowances.
A Tampa divorce attorney who understands the military pay system can spot issues that others might miss—and ensure that child support is properly calculated.
FAQ: Child Support and Military Benefits in Florida
Is BAH counted as income for child support in Florida?
Yes. Basic Allowance for Housing is included in gross income, even if the service member lives in government housing.
What happens if a military parent is deployed?
The child support obligation usually continues. The court may modify time-sharing but not support unless there’s a substantial income change.
Can military retirement be used for child support?
Yes. Retirement pay is considered income and can be garnished to satisfy support obligations.
Are VA disability payments counted as income?
Yes. VA disability compensation is included in gross income for child support purposes.
How is TRICARE factored into child support?
TRICARE may offset health insurance obligations, but the court may impute a civilian equivalent cost for calculation purposes.
Can child support be garnished from military pay?
Yes. Through DFAS, an income withholding order can automatically deduct payments from the service member’s pay.
What if the military parent lives in another state?
Florida can enforce or modify the order if jurisdiction exists under UIFSA. The military parent may need to appear via video or designate a representative.
Is combat pay included in child support?
Yes. Courts generally include all pay, even if it is tax-free or related to deployment, though some exceptions may apply for temporary assignments.
Do courts give special treatment to military parents?
No. Courts apply the same statutory guidelines, though they may consider unique aspects of military life in time-sharing and enforcement issues.
Should I hire a Tampa divorce attorney for a military support case?
Yes. Military child support cases involve complex legal and financial considerations that require experienced representation.
Conclusion
Calculating child support when military benefits are involved requires in-depth knowledge of both Florida law and the military pay system. From base pay and allowances to deployment income and retirement benefits, all components must be carefully considered and accurately documented.
Whether you’re a military parent trying to meet your obligations or a civilian parent seeking fair support for your child, a Tampa divorce attorney can provide the legal guidance needed to achieve a just and enforceable outcome. Proper calculation and representation ensure not only compliance with the law but also the financial security and well-being of the child.
In child support cases involving the military, details matter. With careful analysis, strategic advocacy, and experienced legal counsel, you can navigate the complexities and secure the support your child deserves.
The McKinney Law Group: Tampa Divorce Representation That Combines Compassion with Results
We know divorce is one of the most personal and emotional legal experiences you’ll ever face. That’s why The McKinney Law Group delivers results-driven legal solutions for Tampa residents—with compassion and care throughout the process.
We help with:
✔ Filing, negotiating, and resolving your divorce case
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Call 813-428-3400 or email [email protected] to speak with a Tampa divorce attorney today.