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Fourth Department, October 2, 2009
APPEARANCES OF COUNSEL
Segal & Greenberg, LLP, New York City (Philip C. Segal of counsel), for appellant.
David J. Paulsen, County Attorney, Watertown (Kari K. Anderson of counsel), for respondent.
{**68 AD3d at 80} OPINION OF THE COURT Peradotto, J. The sole issue presented in this appeal is whether military allowances for food and housing
constitute "income" for the purposes of calculating a parent's child support obligation. Respondent father contends that Family Court erred in determining that his basic allowances for housing and subsistence (respectively, BAH and BAS), which he receives as a member of the United States Army, are income for child support purposes. We reject that contention, and we thus conclude that the order should be affirmed.
Facts and Procedural History Petitioner mother commenced this proceeding seeking a determination that respondent is the father of her then-two-year-old child and seeking an award of child support. After an order of
filiation was entered, the parties stipulated that the mother earns $14,226 per year and that the father receives base pay from the military in the amount of $22,186.80 per year. The parties further stipulated that, in addition to his base pay, the father receives BAH in the amount of $10,776 per year and BAS in the amount of $3,533.16 per year. BAH is a monthly sum paid to members of the military who do not reside in government-supplied housing (see 37 USC

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