Georgia figures a servicemember’s child support under the same guidelines as anyone else’s, but the statute says which parts of a military paycheck count and credits VA disability paid for the child.
What Counts as Income
Under OCGA 19-6-15(f)(1)(E), an active duty servicemember’s, Guard member’s, or reservist’s income includes base pay, drill pay, and the basic allowances for subsistence and housing, “whether paid directly to the parent or received in-kind.” The housing allowance is figured “at the without dependent rate” and excludes the part “attributable to area variable housing costs.” In Wallace v. Wallace, 296 Ga. 307 (2014), only $702.90 of a father’s $3,555 monthly housing allowance counted, because the rest was attributable to his deployment to Bahrain.
Military bonuses are averaged as variable income, while special pay, incentive pay, and clothing and family separation allowances are left out; our variable income and exclusions posts, and Black v. Black, 292 Ga. 691 (2013), cover both.
Orders, Transfers, and Deployment
Support is set on the pay the parent will actually receive. In Eldridge v. Eldridge, 291 Ga. 762 (2012), a Navy father’s $325 monthly sea pay was excluded as incentive pay he would not receive after his transfer to Connecticut. A later pay change is a matter for a modification petition, Carr-MacArthur v. Carr, 296 Ga. 30 (2014), covered in our post-divorce posts. And a parent “activated from the National Guard or other armed forces unit” or who enlists cannot be found willfully unemployed on that account. OCGA 19-6-15(f)(4)(D).
The Servicemembers Civil Relief Act, which can pause the case, has its own posts.
VA Disability Benefits
VA disability benefits a child receives on the noncustodial parent’s account “shall be counted as child support payments and shall be applied against the final child support amount.” OCGA 19-6-15(f)(3.1). If the benefit exceeds the support owed, the excess stays with the custodial parent for the child and does not reduce the award or arrears.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!