The Issue

Military families are being forced to pay rent twice — once for their own homes, and again through the courts. And children with disabilities are paying the highest price.

Across the country, state courts are misclassifying the Basic Allowance for Housing (BAH) — a non‑taxable housing benefit — as if it were disposable income when calculating child support.

This mistake means service members must pay inflated support orders while still covering their own housing costs. The result is double rent payments, garnishments, financial instability, and housing insecurity for many military families.

Who Gets Hurt Most

For families with children who have disabilities, and for blended families raising children from subsequent marriages, the consequences are even more severe:

Children with disabilities face higher medical and housing expenses that courts often overlook.
Stepchildren and children from subsequent marriages are left vulnerable when one‑sided court decisions drain household resources.
Parents must battle both the legal system and the insurance system just to keep their children stable.
In many cases, visitation becomes impossible because the family cannot afford travel or housing.

Why Congress Must Act

Congress already acknowledged the problem: Section 621 of the FY2025 NDAA made clear that BAH should not be counted as income when determining eligibility for Basic Needs Allowance.

The proposed Military Housing Protection & Fairness Act (MHPFA) builds on this by establishing a national standard:

✅ Confirms BAH is not income for child support calculations.
✅ Allows limited exceptions only for court‑verified special needs, with strict documentation.
✅ Requires proof that all insurance and existing benefits are exhausted before seeking more from housing allowances.

The Call to Action

No civilian family has their rent allowance or food assistance counted as income in court. Only military families are singled out this way.

Military families should not be punished for serving. Housing is housing — not income.

If you believe in fairness for military families, children with disabilities, and those raising blended families — this matters.

👉 Sign to tell Congress: Stop draining military families. Protect BAH. Protect our children.