Question:
I am in the military and was wondering what military pay is used in establishing child support?
Answer:
Under the Indiana Child Support Guidelines, income is defined as: “income from any source, except as excluded below, and includes, but is not limited to, income from salaries, wages, commissions, bonuses, overtime, partnership distributions, dividends, severance pay, pensions, interest, trust income, annuities, capital gains, social security benefits, workmen’s compensation benefits, unemployment insurance benefits, disability insurance benefits, gifts, inheritance, prizes, and alimony or maintenance received from other marriages. Specifically excluded are benefits from means‑tested public assistance programs, including, but not limited to, Temporary Aid to Needy Families (TANF), Supplemental Security Income, and Food Stamps. Also excluded are survivor benefits received by or for other children residing in either parent’s home.”
I’m not exactly sure what type of income you’re referring to besides base pay, but if he gets any bonuses, benefits, reimbursements, etc., those are generally included in gross weekly income.
If he doesn’t received that income regularly, he can argue that it shouldn’t be attributed as part of his regular income amount, since it’s inconsistent income.
Cordell & Cordell has divorce attorneys located nationwide.
Leslie Lorenzano is a Staff Attorney in the Indianapolis, Indiana office of Cordell & Cordell where she practices domestic relations exclusively. Ms. Lorenzano is licensed in the state of Indiana and the U.S. District Court Sothern District of Indiana. Ms. Lorenzano received her Bachelor of Arts in Sociology from Purdue University, and her Juris Doctor from the University of Arizona – James E. Rogers College of Law.
