Military Allowance in child support calc

The Colorado courts have held that in a Colorado divorce or child support action, military allowances for food and housing should be included in the income calculation for child support worksheet purposes. In this case, following a hearing, a district court magistrate awarded temporary child support including such allowances in the calculation. On appeal, Peabody argued it was error to include Young’s military allowances for housing and food, as well as part of Young’s income, for purposes of calculating temporary child support. Peabody’s petition was to deduct the allowances as additional factors that diminish the children’s basic needs under CRS § 14-10-115(11)(b).

CRS § 14-10-115(5)(a)(I)(X) includes in “gross income”: “[e]xpense reimbursements or in-kind payments received by a parent in the course of employment . . . if they are significant and reduce personal living expenses.” Young, who is serving in the U.S. Army, lived off base and received housing and food allowances in addition to her salary. The allowances were included in calculating Young’s gross income over Peabody’s objection.

If you would like to discuss your Denver area dissolution or child support matter further with a professional Colorado Divorce mediator, please contact Scott Baroway at Mediation Partners at your convenience.