Allowances: BAH-BAS-MHA
State legislatures and courts have been committing the violation of federal rights and federal preemption to extract money from military housing and grocery allowances. These are called Basic Allowance for Housing (BAH), Basic Allowance for Subsistence (BAS) and Military Housing Allowance (MHA). (See notes below)
They claim that these allowances are subject to Title IV-D support enforcement, but that is an act of fraud upon the United States and a violation of federal rights that belong to service members and veterans.
According to 42 U.S.C. § 659(h)(1)(B)(ii), "allowances for members of the uniformed services payable pursuant to chapter 7 of title 37" are not subject to Title IV-D.
Whenever a state legislature passes a law to go after BAH, BAS or MHA in the process of divorce, alimony or child support, that is a legislative violation of the Fourteenth Amendment.
According to 10 U.S.C. § 101(15) and 37 U.S.C. § 101(21), " The term “pay” includes basic pay, special pay, retainer pay, incentive pay, retired pay, and equivalent pay, but does not include allowances."
According to 42 U.S.C. § 659(h)(1)(B)(ii), "allowances for members of the uniformed services payable pursuant to chapter 7 of title 37" are not subject to Title IV-D.
Every single time a state judge treats these allowances as income in the process of making a divorce, alimony or child support order, the judge is committing the violation of rights in the complete absence of all possibility of jurisdiction on the subject matter of allowances related to military service and veteran benefits.
This brings up the Constitutional Right to enforce the complete federal preemption of state jurisdiction expressed and implied by the plain text of positive law Title 10, Title 37 and/or Title 38.
State court has jurisdiction on the subject matter of divorce, alimony and child support, but federal law does not give states jurisdiction on the subject matters of BAH, BAS, MHA or veteran benefits.
States have NO subject matter jurisdiction to decide whether these federal statutes protect service members, retirees, veterans or dependents.
In order for any state court to make any ruling by the interpretation of any federal statute, it must have jurisdiction on the subject matter of the federal statute. Where there is no possibility of jurisdiction on the subject matter of the federal statute, the state judge has no room for discretion to interpret.
In order for a judge to have immunity for any violation of rights or abuse of discretion, or even for simply acting in excess of his or her jurisdiction, the judge must not cross the line of federal preemption. Whenever state judges violate federal rights by crossing that line of preemption, they cancel their own immunity.
Notes on Allowances described in this page.
The purpose of Basic Allowance for Housing (BAH) is to help active-duty personnel pay for off-base housing. It is based on pay grade, location (primary duty station), and the status of dependents.
The purpose of Basic Allowance for Subsistence (BAS) is to offset the cost of groceries for service members. There are different rates for officers and enlisted members.
The purpose of Monthly Housing Allowance (MHA) is to help with housing expenses when veterans or dependents are using education benefits. MHA is available to the dependents of service members using education benefits under Title 38, but service members receiving BAH cannot receive MHA at the same time. The VA bases MHA on the DoD's BAH rates for the location of the school and pays it directly to the student, not through DFAS.