Good afternoon gmoney2-ga and thank you for allowing me to research your question.
South Carolina, like most states has guidelines for determining the
amount of support that should be provided for a child or children. In
South Carolina, the ?Income Shares Model? calculates child support as
the share of each parent?s gross income which would have been spent on
the children if the parents and children were living in the same
household. The shares are based on the amount of money ordinarily
spent on children by their families living in the United States and
adjusted to South Carolina cost of living levels. The expenditures
include the following nine categories:
1. food at home;
2. food away from home;
3. shelter;
4. utilities;
5. household goods (furniture, appliances, linens, floor coverings, and
housewares);
6. clothing;
7. transportation (other than visitation related);
8. ordinary health care; and
9. recreation.
Gross income includes income from any source including salaries,
wages, commissions, royalties, bonuses, rents (less allowable business
expenses), dividends, severance pay, pensions, interest, trust income,
annuities, capital gains, social security benefits (but not
Supplemental Security Income), workers? compensation benefits,
unemployment insurance benefits, disability insurance benefits,
Veterans? benefits and alimony, including alimony received as a result
of another marriage and alimony which a party receives as a result of
the current litigation.
Gross income does not include would be benefits received from
means-tested public assistance programs, such as Temporary Assistance
to Needy Families (TANF), Supplemental Security Income (SSI), Food
Stamps and General Assistance; income derived by other household
members; and/or in-kind income (food, clothing, or shelter) provided
under a nongovernmental program whose purpose is to provide medical
care or medical services)
In the military, gross pay includes base pay and basic allowance for
housing (if entitled), but DOES NOT INCLUDE hazardous duty pay, sea or
foreign duty pay, incentive pay, or subsistence allowance.
Under the Naval Military Personnel Manual (MILPERSMAN) Article
1754-030, in the absence of a court order or a mutually agreed-upon
signed agreement between the spouses, the Navy has guidelines as to
what constitutes an appropriate amount of support. The guidelines
that the Navy has established are NOT set in stone. The amount can
increase or decrease according to the particular circumstances of your
situation.
Spouse only - 1/3 gross pay
Spouse and 1 minor child - ½ gross pay
Spouse and 2 or more minor children - 3/5 gross pay
One minor child and No spouse - 1/6 gross pay
Two minor children and no spouse - ¼ gross pay
Three or more minor children and no spouse - 1/3 gross pay
In researching the above information, it is my conclusion that your
submarine duty pay will NOT be included into your gross income. I
have done several divorce cases here at work involving military
members with children and I know when calculating child support, we
gross income (including BAH) off the military pay scale charts which
you can find at:
( http://www.usmilitary.com/Jan2004PayChart.pdf )
I hope this answers your question. However, if you need additional
legal advise, please seek the help of a legal professional through JAG
or through a family attorney located in your area, as I am just a
paralegal and not permitted to give legal advise. If anything needs
further clarification, please do not hesitate to ask!
Nenna-GA
Google Researcher
Sources:
Divorce Source
( http://www.divorcesource.com )
Jag ? Navy
( http://www.jag.navy.mil/documents/2%20FAMILY%20-%20navy%20nonsupport.doc )
South Carolina Child Support Guidelines
( http://www.state.sc.us/dss/csed/forms/glines.pdf )
About.com
( http://usmilitary.about.com/od/divfinance/a/divorcesupport.htm )
Google Search Terms:
( ://www.google.com/search?hl=en&q=child+support+guidelines+south+carolina&spell=1
)
( ://www.google.com/search?hl=en&lr=&q=child+support+hazardous+duty+pay )
( ://www.google.com/search?hl=en&lr=&q=child+support+guidelines+navy ) |
Clarification of Answer by
nenna-ga
on
08 Jun 2005 09:08 PDT
Hello again,
I'm sorry, maybe what I was trying to say got lost in all the details,
let me break it down for you.
"In the military, gross pay includes base pay and basic allowance for
housing (if entitled), but DOES NOT INCLUDE hazardous duty pay, sea or
foreign duty pay, incentive pay, or subsistence allowance"
And, since SC bases their Child Support off of Gross Income, it seems
that your Submarine pay would not be included in the amount used to
figure out what is owed for child support. While I am not a lawyer, I
can say this is how I would interpret the information to read. If
you're that concerned, I reccomend speaking with a military or
civilian lawyer to get the final word.
Nenna-GA
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