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legaleagle
legaleagle, Lawyer
Category: Family Law
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Experience:  Practicing attorney for 10 years
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my husband is in the airforce, and we have been living apart

Customer Question

my husband is in the airforce, and we have been living apart seperated for a year now. MY question is, when it comes to hi child support is it only his base pay that counts, or hi entire gross income including bah and bas? Becasue he gets over 1200 a month for "housing and groceries", with only 1600 counted as base pay. thats half his income almost that gets labled as something else.
Submitted: 3 years ago.
Category: Family Law
Expert:  legaleagle replied 3 years ago.

Thank you for contacting JustAnswer.com with your question. I will provide legal information related to your question.

 

It is his entire gross income. Here is the TX statute below.

 

The court shall calculate net resources for the purpose of determining child support liability as provided by this section. Resources include:

(1) 100 percent of all wage and salary income and other compensation for personal services (including commissions, overtime pay, tips, and bonuses);

(2) interest, dividends, and royalty income;

(3) self-employment income, including benefits allocated to an individual from a business or undertaking in the form of a proprietorship, partnership, joint venture, close corporation, agency, or independent contractor, less ordinary and necessary expenses required to produce that income. In its discretion, the court may exclude from self-employment income amounts allowable under federal income tax law as depreciation, tax credits, or any other business expenses shown by the evidence to be inappropriate in making the determination of income available for the purpose of calculating child support;

(4) net rental income (defined as rent after deducting operating expenses and mortgage payments, but not including noncash items such as depreciation); and

(5) all other income actually being received, including severance pay, retirement benefits, pensions, trust income, annuities, capital gains, social security benefits, unemployment benefits, disability and workers' compensation benefits, interest income from notes regardless of the source, gifts and prizes, spousal maintenance, and alimony.

Resources do not include return of principal or capital, accounts receivable, or benefits paid in accordance with aid for families with dependent children. The court shall deduct the following items from resources to determine the net resources available for child support:

(1) social security taxes;

(2) federal income tax based on the tax rate for a single person claiming one personal exemption and the standard deduction;

(3) state income tax;

(4) union dues; and

(5) expenses for health insurance coverage for the obligor's child.

If the actual income of the obligor is significantly less than what the obligor could earn because of intentional unemployment or underemployment, the court may apply the support guidelines to the earning potential of the obligor.

When appropriate, in order to determine the net resources available for child support, the court may assign a reasonable amount of deemed income attributable to assets that do not currently produce income. The court may assign a reasonable amount of deemed income to income-producing assets that a party has voluntarily transferred or on which earnings have intentionally been reduced.

In a situation involving multiple households due child support, child support received by an obligor shall be added to the obligor's net resources to compute the net resources before determining the child support credit or applying the percentages in the multiple household table in this chapter.

-From Sections 154.062 through 154.070 of the Texas Family Code.

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