Military Child Support: BAH, USFSPA & the 10/10 Rule (2026)
How service-member income is counted for child support (BAH and BAS included), how military retirement is divided under USFSPA (10 U.S.C. § 1408), the 10/10 rule, and the 2017 frozen-benefit change.
Child support for service members has its own set of rules layered on top of state guidelines. The three things that trip everyone up: allowances count as income even though they are tax-free, military retirement is divisible under a federal statute (USFSPA), and garnishment is handled through DFAS, not your ex’s state court directly.
BAH and BAS count as income
Basic Allowance for Housing (BAH) and Basic Allowance for Subsistence (BAS) are tax-free, but states consistently count them as gross income for child support because they are real financial benefits. Ohio, New Jersey, South Carolina (S.C. Code Ann. § 63-17-470), and Maine (19-A M.R.S.A. § 2006) all include BAH/BAS in the support calculation. Typical 2026 values: BAH $1,500–$3,500+/month depending on location, pay grade, and dependent status; BAS $490.40/month (enlisted) and $341.25/month (officers). The service member’s Leave and Earnings Statement (LES) is the primary document — it shows base pay, all allowances, and special pays that tax returns hide.
One wrinkle: a member living in government-provided on-base housing receives no cash BAH, so some courts exclude it while others impute the fair-market value of the housing. Your specific state and housing situation determine the treatment.
USFSPA and the 10/10 rule
The Uniformed Services Former Spouses’ Protection Act (10 U.S.C. § 1408) lets state courts divide “disposable military retired pay” as marital property. The famous 10/10 rule (10 U.S.C. § 1408(d)(2)) governs only <em>who pays</em>: if the marriage overlapped at least 10 years of creditable service, DFAS pays the former spouse’s share directly; if not, the court can still divide the pension but the member pays directly. Meeting 10/10 is not required for entitlement to a share — only for the DFAS payment mechanism.
The frozen-benefit rule (2017 NDAA)
For divorces finalized on or after December 23, 2016, the “frozen benefit rule” fixes the former spouse’s share using the member’s rank, years of service, and pay at the time of divorce — not at retirement. A spouse who divorces an E-6 with 12 years gets a share based on E-6/12-year pay even if the member retires as an E-9 with 24 years. A Military Pension Division Order (MPDO) is required, and DFAS caps payments at 50% of disposable retired pay for property division (65% combined with alimony from retired pay).
What is protected
VA disability compensation is exempt from division as marital property (10 U.S.C. § 1408(a)(4); Mansell v. Mansell, 490 U.S. 581 (1989); Howell v. Howell, 137 S. Ct. 1400 (2017)), but it is still counted as income for child support in most states. A member who waives retirement pay to receive tax-free VA disability shrinks the divisible pension — courts may compensate the spouse with other assets (indemnification). A major 2026 development: DoD now recognizes that Chapter 61 (medical) retired pay paid concurrently with VA disability under § 1414 (CRDP) is divisible disposable retired pay — restoring shares many disabled retirees’ spouses had lost (DoD FMR Vol. 7B, Ch. 29, Feb. 2026 ed.).
Garnishment mechanics
Military retirement pay can be garnished for child support under USFSPA through DFAS with a certified court order. Garnishment is capped by the Consumer Credit Protection Act: up to 50–60% of disposable earnings (55–65% when more than 12 weeks in arrears). VA disability is generally protected from garnishment (38 U.S.C. § 5301) — except that, under 42 U.S.C. § 659, VA disability paid in lieu of waived retirement is treated as garnishable for child support. CRSC and CRDP payments are both garnishable.