I’m a military spouse raising four children, including one with significant medical and developmental needs under EFMP. My husband serves full time, and like many families, we depend on every dollar of his pay — especially his housing allowance.

But there’s a growing problem: Basic Allowance for Housing (BAH) is being included in state child support calculations, even though federal law treats it differently.

The IRS does not consider BAH taxable income.
The Department of Defense classifies BAH as a non-cash housing benefit — not income.
The NDAA and military pay structure define BAH as intended only for housing-related costs, not discretionary funds.

Despite this, states are given free rein to treat BAH as “in-kind income”, inflating service members’ support obligations beyond what their actual, spendable income allows.

This forces many military families to pay rent twice, — once through support orders, and again to house their current household if even possible — often leaving nothing for food, therapy, or basic needs of the soldier or blended families.

We’re not asking to avoid support. We’re asking for consistency with federal standards and regulations — and for BAH to be protected for the purpose it was created: housing the service member and their legal dependents.