Military Divorce Guide

Comprehensive Family Law Information for Servicemembers & Family Members.

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About the Guide

The Military Divorce Guide was created by Carl O. Graham, a Colorado Springs, CO divorce lawyer and former Army JAG officer. As a principal of Black & Graham, LLC, domestic relations and criminal defense attorneys, Carl is in charge of the firm's family law practice, and focuses exclusively on Colorado divorce & family law, including military divorce issues.

  • Military Updates
  • Military Divorce Guide
    • Jurisdiction Over Servicemembers
      • Subject-Matter Jurisdiction
      • Personal Jurisdiction
    • Division of Military Retirement
      • Types of Military Retirement
      • Disposable Retired Pay
      • Colorado Formula for Military Retirement Division
      • Servicemember Still on Active Duty
      • Direct Retirement Payments from DFAS
    • VA Disability & Divorce
      • VA Waiver of Military Retirement
      • Indemnity for VA Waiver
      • Combat-Related Special Compensation (CRSC)
      • Disability Retired Lists (TDRL / PDRL)
      • Disability Severance Pay
    • Survivor Benefit Plan (SBP)
      • SBP Beneficiaries
      • SBP Election
      • SBP Premium Costs
      • SBP Premium Payment Responsibility
      • SBP Suspension or Termination
    • Military Family Support
      • Army Family Support
      • Air Force Family Support
      • Navy Family Support
      • Marine Corps Family Support
      • Coast Guard Family Support
    • Former Spouse Military Benefits
      • 20/20/20 and 20/20/15 Benefits
      • Continued Health Care Benefit Program / COBRA
    • Garnishment of Military Pay
      • Garnishing Military Retirement & VA Disability
      • Maximum Garnishment Limitations
    • Servicemembers Civil Relief Act (SCRA)
      • Protection from Default Judgments
      • Stay of Civil Proceedings
      • Colorado Reservist Parent Protection
    • Domestic Violence
      • Lautenberg Amendment
      • Domestic Violence Victim Benefits
    • Obtaining Military Records
    • Reserve Family Law Issues
    • Understanding Military Pay
    • Life Insurance
    • How to Hire a Military Divorce Attorney
    • Paternity & The Military

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Army Family Support

  • Support

Army Regulation 608-99, Family Support, Child Custody & Paternity requires soldiers to pay temporary support depending upon the family situation.  All payments are based upon BAH-II, which was formerly known as BAQ, and is the housing allowance without the locality allowance, found on page 2 of the military pay chart:.  Paragraph 2-6 sets out the following support requirements in the absence of a court order:

  • Civilian spouse/children not in military housing: BAH-II at the with-dependents rate.
  • Civilian or military spouse/children in military housing: None.
  • Civilian spouse/children not in military housing living at different locations: Pro rata share of BAH-II at the with-dependents rate to each family member.
  • Military spouse, no children: None
  • Military spouse, split custody of children: None.
  • Military spouse, spouse has children:  Difference between BAH-II at the with-dependents rate and the without-dependents rate.

In-kind payments (such as buying groceries or paying bills) do not count towards the support obligation, except that if the soldier is on the lease or mortgage where the family lives, the soldier can pay the lease/mortgage and utilities, and offset those payments against the support obligation.  Para. 2-9(d).

 

Relief from Payment

Per Para. 2-14, a battalion/squadron commander may relieve the soldier of the support obligation under the following circumstances:

  • Civilian spouse has a higher income,
  • Soldier was the victim of substantial abuse by the spouse, which was substantiated by the Family Advocacy Case Management Team or a court,
  • The family member is in jail,
  • The soldier has paid the required support to the spouse for 18 months, or
  • The soldier is the legal custodian of the child for whom support is sought, and that child is living with someone else without that soldier's consent.

If the couple's children are living with the spouse, the soldier must still pay support, despite otherwise qualifying for relief from payment.  Finally, infidelity or abandonment are NOT grounds for relief.

‹ Military Family Support up Air Force Family Support ›
Military Divorce Guide, Copyright © Black & Graham, LLC  (www.blackgraham.com). Reprint Information

128 S. Tejon St Ste 410, Colorado Springs, CO 80903  (Map to Office)  Tel: (719) 328-1616  Fax: (719) 630-8495.

This site is informational, and not a substitute for legal advice from one of the Colorado Springs military divorce law firms, lawyers or attorneys. Only a signed agreement with this Colorado Springs divorce lawyer creates a lawyer-client relationship. We practice in Colorado Springs / El Paso, Teller, Douglas, and Pueblo Counties, and the neighboring military installations (Fort Carson, Peterson Air Force Base, the Air Force Academy, Cheyenne Mountain Air Station, and Shriever AFB). We practice in Colorado family law (Colorado divorce, military divorce issues, child support law, grandparent visitation & rights, common law marriage, child custody law, legal separation law, annulment, alimony law, etc), and criminal defense.  Login