The Military Divorce Guide was created by Carl O. Graham, a Colorado Springs divorce lawyer and former Army JAG officer who focuses exclusively on Colorado divorce, military divorce issues, child support, grandparent rights & visitation, common law marriage, child custody, legal separation, annulment, etc. To learn more about our Colorado Springs family law firm, visit our web site at: www.carlgraham.com.
You can learn a lot from a Leave and Earnings Statement (click to view a sample LES and explanation of how to interpret it), including the servicemember's pay grade, years of service, and gross pay. But what do those numbers really mean? A servicemember's gross monthly pay primarily consists of:
1. Basic Pay, which varies depending upon the servicemember's pay grade and years of service. (Click to view the latest military pay chart).
2. Basic Allowance for Housing (BAH). Servicemembers receive BAH unless they reside in military housing or the barracks. The amount varies, depending upon pay grade, dependent status, and home station zip code. (Click to calculate BAH).
3. Basic Allowance for Subsistence (BAS). servicemembers without meal cards receive BAS, which in 2005 was $183.99 per month for officers and $267.18 per month for enlisted (see page 2 of the military pay chart).
4. Cost of Living Allowance (COLA), if the servicemember is stationed overseas. (Click to view COLA tables).
It is important to review the LES, since there are a variety of other allowances a servicemember may be receiving, such as jump pay, family separation allowance, hostile fire pay, flight pay, hazardous duty incentives, hardship duty location pay, professional pay for medical officers, sea pay, submarine pay, dive pay, clothing allowances, overseas per diems, partial BAH, etc.
Colorado Treatment of Military Pay & Allowances
For purposes of calculating child support and maintenance, Colorado divorce courts use a very broad definition of "gross income." In a nutshell, C.R.S. 14-10-115(7)(a) includes every dollar the servicemember receives on the LES, even though some of the allowances are invisible to the IRS and not taxable.
Moreover, Colorado family law courts also impute income to a servicemember who receives lodging or food in lieu of BAH or BAS. In Marriage of Long, 921 P.2d 67 (Colo. 1996), the Colorado Supreme Court decided that a servicemember who lives in military housing pays child support and maintenance as if he/she were actually receiving BAH!
The reason? Military housing is considered an "in-kind payment," much like a company car provided by a private-sector employer. Though no rational person would claim that a barracks room or Quonset hut was the financial equivalent to proper family housing or the full BAH at the with-dependents rate, Colorado divorce courts may pretend that they are.
More Information
DFAS Web Site, comprehensive information, and links to military pay charts, BAH calculator, COLA tables, etc.
About.com has a detailed list of the available types of military pay, together with links to the specific provisions of the DOD Pay Regulation which covers each type.
This web site is an advertisement intended for informational purposes, and is not a substitute for individual legal advice from one of the many Colorado Springs law firms, Colorado Springs lawyers or Colorado Springs attorneys. Only a signed agreement with this Colorado Springs family law attorney can create a Colorado lawyer-client relationship. We assist clients in Colorado Springs / El Paso County courts, exclusively in Colorado family law (Colorado divorce, military divorce issues, child support law, grandparent visitation & rights, common law marriage, child custody law, legal separation law, annulment, alimony law, etc).
