Introduction: The Challenge of Hidden Military Income in Divorce
In Tampa divorce proceedings involving military families, transparency in financial disclosure is not optional—it is legally required. Yet, one of the more complex and damaging issues arises when a service member conceals military income, allowances, or benefits in an attempt to reduce support obligations or manipulate property division outcomes. Florida law requires full financial disclosure from both spouses in a dissolution of marriage, and military income—though it may include variable components—is not exempt from this requirement. When one party is deceptive about earnings from military service, it undermines the integrity of the entire process.
This type of misconduct can have a ripple effect through multiple aspects of the divorce: child support, alimony, equitable distribution, and even attorney’s fees. A skilled Tampa divorce lawyer knows how to identify red flags, uncover concealed military income streams, and seek remedies through the courts to ensure a just and accurate financial picture is presented. This article examines the legal remedies available when a Tampa service member hides military income, from initial investigation to court sanctions and post-judgment modifications.
Understanding Military Income and Its Components
Military pay is not as simple as a single number on a pay stub. It includes several components, some of which may be tax-exempt or considered non-taxable allowances. Understanding these categories is crucial in identifying whether a service member is underreporting actual income.
Key components include:
- Base Pay: The foundational salary determined by rank and years of service.
- Basic Allowance for Housing (BAH): A non-taxable housing stipend based on geographic location, rank, and dependency status.
- Basic Allowance for Subsistence (BAS): A fixed, non-taxable food allowance.
- Special Pays and Incentives: Hazard pay, flight pay, reenlistment bonuses, deployment bonuses, and more.
- Tax Benefits: Exemptions on certain allowances make the total take-home pay more substantial than reported taxable income.
A Tampa divorce lawyer must understand these income streams to accurately evaluate whether a military spouse is reporting their full earnings. Under Florida law, both taxable and non-taxable income are relevant for determining child support and alimony.
Red Flags That Military Income Is Being Hidden
Hiding income is never permissible in a Florida divorce, regardless of its source. Tampa family courts rely on accurate disclosures, and efforts to conceal compensation—particularly through a complex pay structure like the military’s—can amount to fraud. Here are common indicators a Tampa divorce lawyer watches for:
- Discrepancy Between Reported Income and Lifestyle: If a service member claims low income but maintains a high-end lifestyle, this discrepancy may suggest hidden funds.
- Omission of Allowances in Financial Affidavits: BAH and BAS are often omitted under the pretense that they are not income, but Florida courts consider them relevant.
- Failure to Disclose LES (Leave and Earnings Statement): The LES is the military equivalent of a pay stub and provides a full breakdown of earnings. A spouse refusing to provide it is a red flag.
- Frequent Transfers or Deployments with Financial Secrecy: While service members may move often, sudden shifts in financial access or a refusal to provide banking information is cause for scrutiny.
- Large Cash Withdrawals or Transfers to Undisclosed Accounts: Movement of funds into hidden accounts or family members’ names may be an effort to shield assets.
Legal Duty of Financial Disclosure in Florida Divorces
Under Florida Family Law Rule of Procedure 12.285, both parties are required to provide a complete and accurate financial affidavit within 45 days of service of the petition. This includes disclosing all sources of income, bank accounts, retirement accounts, and any other assets or liabilities. This rule applies equally to military and civilian spouses.
Failure to disclose accurate military income can result in court sanctions, denial of equitable relief, or the setting aside of a final judgment if the fraud is discovered post-divorce. A Tampa divorce lawyer will often subpoena military pay records, demand bank account statements, and review tax returns to ensure compliance.
Tools for Uncovering Hidden Military Income
There are multiple investigative tools available to uncover hidden income. While some involve direct legal processes, others rely on a Tampa divorce lawyer’s knowledge of military documentation and financial analysis.
- Subpoenaing Military Pay Records
A lawyer may issue a subpoena to the Defense Finance and Accounting Service (DFAS) to obtain LES records. These documents provide a full picture of a service member’s earnings, including allowances and deductions. - Reviewing the LES (Leave and Earnings Statement)
The LES includes BAH, BAS, base pay, entitlements, deductions, and year-to-date totals. An experienced Tampa divorce lawyer knows how to interpret these documents for inconsistencies or omissions in the financial affidavit. - Using Discovery Tools
Through interrogatories, requests for production, and depositions, a lawyer can compel a service member to disclose financial accounts, real estate holdings, and more. Intentional omissions are grounds for court sanctions. - Analyzing Bank Statements and Transfers
A forensic accountant may be retained to analyze deposits and withdrawals across multiple accounts. If money is being diverted, transferred, or hidden, these activities may come to light through this process. - Requesting Tax Returns and W-2s
While some military allowances are non-taxable and won’t appear on a W-2, cross-checking tax documents with LES records can reveal discrepancies that suggest income concealment. - Investigation of Allotments and Automatic Payments
Military members often use allotments (automatic deductions for specific purposes). Reviewing where these funds are going can uncover hidden payments, such as to undisclosed accounts or other individuals.
Legal Remedies for Concealing Military Income
When military income is deliberately concealed, Florida courts offer several powerful remedies to rectify the harm caused by the deception. A Tampa divorce lawyer may pursue the following actions:
- Motion to Compel Disclosure
If a spouse refuses to produce requested financial documents, a motion to compel can be filed to enforce compliance. Failure to obey a court order can result in sanctions. - Motion for Sanctions
If the service member is found to have willfully hidden income or assets, the court may issue sanctions, including:- Striking pleadings
- Awarding attorney’s fees
- Imputing income
- Ordering the division of concealed assets in favor of the other party
- Imputation of Income
Florida courts can impute income when a party is found to be underreporting earnings. In cases involving hidden military allowances or bonuses, the court may calculate the actual earnings and use them to determine support or division. - Modification of Support Orders
If hidden income is discovered after entry of a child support or alimony order, a motion for modification can be filed. A Tampa divorce lawyer must demonstrate that the original order was based on incorrect or fraudulent information. - Motion to Set Aside Final Judgment (Due to Fraud)
If the divorce decree is already final and hidden military income is later discovered, a Rule 1.540 motion may be filed to set aside the final judgment on grounds of fraud or misrepresentation. - Equitable Distribution Adjustments
A court may adjust the equitable distribution of marital assets in response to bad faith conduct. This includes awarding a larger share of assets to the innocent spouse or ordering restitution. - Award of Attorney’s Fees and Costs
When one party’s concealment of income forces the other to expend legal resources, Florida courts have discretion to award attorney’s fees to level the playing field.
Impact on Child Support and Alimony Calculations
Hidden military income can skew child support and alimony awards, which are based on both parties’ actual earnings. The Florida Child Support Guidelines rely on net monthly income, and courts may deviate upward when a party has attempted to avoid financial responsibility. A Tampa divorce lawyer must ensure the court uses the correct income figures, including all military allowances and special pays.
Alimony is similarly affected. Florida courts consider need and ability to pay when making an alimony award. A party who hides military income may avoid an obligation altogether unless the deception is uncovered and corrected.
Military-Specific Considerations and Protections
It is important to recognize that service members have certain legal protections under federal law, including the Servicemembers Civil Relief Act (SCRA). This law may delay proceedings if the service member is on active duty, but it does not protect against fraudulent conduct or intentional concealment.
Additionally, military pay centers such as DFAS will cooperate with subpoenas and garnishment orders for child support and alimony. A Tampa divorce lawyer must navigate both Florida and military-specific procedures to enforce orders effectively.
Post-Divorce Discovery of Hidden Income
In some cases, the deception isn’t uncovered until long after the divorce is finalized. Fortunately, Florida law allows post-judgment relief in instances of fraud. A Tampa divorce lawyer may file:
- A petition to modify child support or alimony based on newly discovered income
- A motion to reopen equitable distribution
- A motion for contempt if the spouse violated court orders in concealing assets
Florida courts do not take kindly to bad-faith litigation. A history of deception can taint future requests by the dishonest party, including custody modifications or visitation changes.
Preventing Military Income Concealment: Proactive Strategies
Prevention is always better than remediation. Tampa divorce lawyers often take proactive steps to ensure military income is fully disclosed early in the process:
- Request LES statements as part of initial discovery
- Issue specific interrogatories about military allowances
- Serve subpoenas early, especially if there’s a risk of transfer or deployment
- Demand a full accounting of all accounts, including Thrift Savings Plans (TSP), retirement benefits, and allotments
- Work with financial experts when large discrepancies exist
Full transparency is not just a goal—it is a legal requirement in every Florida divorce. A failure to comply can have lasting consequences, especially when it involves deception under oath.
Conclusion: Working with a Tampa Divorce Lawyer to Protect Your Rights
When military income is hidden during a divorce, the stakes are high and the damage can be severe. It can lead to unfair support orders, inequitable distribution, and legal battles long after the divorce is finalized. Florida courts have tools to address this misconduct—but identifying and proving it requires a deep understanding of both military pay structures and state law.
A knowledgeable Tampa divorce lawyer will know how to interpret LES statements, compel necessary disclosures, and pursue every available remedy to ensure that all income—taxable or not—is on the table. Whether you are in the early stages of your case or discovering post-judgment irregularities, prompt legal action can make all the difference.
FAQ: Legal Remedies for Hidden Military Income in Tampa Divorces
Can a service member legally exclude BAH or BAS from income in a Florida divorce?
No. While BAH and BAS are non-taxable, they are still considered income under Florida law when calculating child support and alimony.
What if the service member refuses to provide their LES or financial records?
A Tampa divorce lawyer can file a motion to compel production of these documents. Continued refusal may lead to court sanctions or adverse rulings.
Can I subpoena military pay records directly?
Yes, a subpoena can be issued to DFAS for LES statements and other military pay documents, typically through your attorney.
What happens if I discover hidden income after the divorce is finalized?
You may be able to file a motion to modify support or even set aside the final judgment if the concealment was fraudulent and material to the case outcome.
Is it possible to garnish a service member’s military pay for support?
Yes. Once a support order is in place, DFAS will honor income deduction orders for child support and alimony.
Can the court punish the service member for hiding income?
Absolutely. The court may impute income, issue sanctions, award fees, and even modify equitable distribution based on the deceptive behavior.
Will the SCRA prevent me from taking action during deployment?
The SCRA may delay proceedings, but it does not allow a service member to commit fraud or hide income with impunity.
What if my ex is receiving cash bonuses or reenlistment incentives I didn’t know about?
Those are part of the military income and must be disclosed. Your lawyer can seek access to LES or request the court to revisit the issue if concealed.
Can I use a forensic accountant in a military divorce?
Yes, forensic accountants can help trace hidden income and identify discrepancies between reported earnings and actual financial activity.
Do I need a Tampa divorce lawyer who specifically understands military divorce?
Yes. Military divorces involve unique income structures, benefits, and legal procedures. A Tampa divorce lawyer experienced with military cases can protect your interests more effectively.
The McKinney Law Group: Tampa Divorce Attorneys Providing Smart, Effective Representation
Smart divorce planning means fewer surprises and better outcomes. At The McKinney Law Group, we help Tampa clients identify priorities, develop strategies, and move forward with clear legal guidance and effective representation.
We provide help with:
✔ Filing for divorce and managing all legal paperwork
✔ Time-sharing and parental responsibility determinations
✔ Fair division of retirement accounts, real estate, and other marital assets
✔ Calculating and negotiating support obligations
✔ Advocating for your interests in or out of court
To get started, call 813-428-3400 or email [email protected].