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Military Separation-Divorce and Family Support

On Behalf of | Nov 1, 2021 | Family Law

IAW AR 608-99
Family Support, Child Custody, and Paternity

(Derived from Information Provided to Soldiers at the 101st Airborne Division)

Obligation: Soldiers must support their families. Failure to do so may result in adverse administrative action or punishment.

Court Orders or Agreements: The Soldier must comply with the terms of any and all court orders or agreements, including foreign court orders if a United States treaty recognizes that court. If the foreign court order is not recognized, the Soldier must provide support under AR 608-99.

Support Based on Army Regulation: In the absence of a court order or agreement, the Soldier must provide financial support to dependent family members if they are living in

  • Private housing, an amount equal to the BAH Reserve Component/Transit WITH DEPENDENT rate.
  • Different locations, the amount of BAH WITH DEPENDENT rate divided equally between family members.

Payment In-Kind: Payments in-kind are limited unless required by a court order or agreement and only for expenses of non-governmental housing where the supported family members live, and where the Soldier has legal responsibility by contract, lease, or loan agreement. The Soldier must make up any shortfall between the payment in-kind and the support obligation.

Release from Support Obligation: When there is no court order or agreement to the contrary, the Soldier’s Battalion Commander MAY release the Soldier from providing spousal support if:

  • The Soldier’s spouse earns more than the Soldier’s base pay.
  • There is no court order requiring support.
  • There is documented physical abuse of the Soldier by the Soldier’s spouse.
  • The Soldier is divorced from the spouse and there is no court order to the contrary.
  • The Soldier has been separated from the spouse for at least 18 months and the Soldier has continually provided support for that period of time.

Additionally, the Soldier can be released from providing support if the family member is in jail,

No Release from Support Obligation: The Soldier is NOT released from financial obligation because:

  • The Soldier does not receive BAH.
  • The Soldier’s spouse has engaged in adultery, abandonment, or other improper behavior.
  • Payments are not affordable.
  • Payments are made in-kind unless the family member has agreed in writing to accept in-kind as support.

Method and Timing of Payment: The Soldier should keep records of all payments. Payment by voluntary allotment is desired. Check, money order, electronic fund transfer or garnishment are acceptable. Cash payments are discouraged. Payment is due by the first day of the month following the month for which payment is due. For example, payment for June is due by July 1. Payment in-kind is generally limited to housing expenses and only if required by a court order.

When the Soldier Fails to Provide Support: Complaints about the Soldier’s failure to provide support should be referred to the company commander who may order the Soldier to comply with the support obligation.

Contact Experienced Family Lawyer David Frangos if You Are in Need of Legal Advice Related to a Military Member’s Child Support Obligations, Custody, or Paternity matters in Indiana.

David Frangos of Frangos Legal is an experienced Indiana family lawyer who has experience representing military members and their spouses who are subject to child support obligations, custody, or paternity actions in military matters.

David also has experience representing parents who need assistance in enforcing Indiana child support orders that are not being paid by a parent who is delinquent on his or her child support obligations. If you need an experienced Indiana divorce and family attorney, then contact David Frangos of Frangos Legal today for a consultation and Case Review by emailing [email protected], by telephone at 317-348-2150, or by booking online.