Military Regulations for Family Financial Support
Aside from state and federal laws, there are also military regulations that apply when service members separate from their spouses and/or children. One common regulation is Army Regulation 608-99: “Family Support, Child Custody and Paternity”. This requires soldiers to pay temporary support to spouses upon physical separation, even if a divorce has not been filed yet. The amount required of the service member is based on the Non-Locality BAH Rate With Dependents (BAH-II WITH). If both spouses are in the military with children, then different rates are considered.
If you are physically separated from a service member and there is no court order in place for spousal support or child support, then you may want to consider asking your spouse to set up a voluntary allotment for you. A voluntary allotment will automatically withhold money from the service member’s paychecks and forward it to your bank account. While this is the quickest and easiest way to receive financial support during a separation, the soldier is ultimately the person who must to set it up. The military cannot force a soldier to pay his family support voluntarily under AR 308-99 and DFAS will not withhold a soldier’s pay without the soldier’s approval or a court order. However, if the soldier refuses to comply with the Army Regulation, then the Battalion Commander can institute punishment to the soldier.
Given the detailed rules and provisions involved, it is very important to seek qualified legal advice as soon as possible. Roman-Lagunas & Wheeler have deep legal knowledge and very extensive experience in the field of Military Divorce in Indiana.