The Military Divorce Guide was created by Carl O. Graham, a Colorado Springs divorce lawyer and former Army JAG officer who focuses exclusively on Colorado divorce, military divorce issues, child support, grandparent rights & visitation, common law marriage, child custody, legal separation, annulment, etc. To learn more about our Colorado Springs family law firm, visit our web site at: www.carlgraham.com.
Each military service has a regulation requiring its servicemembers to support family members upon separation, in the absence of an agreement or court order. Note that they are stop-gap measures, and depending upon their circumstances (such as "fault", income levels, or number of children), either the servicemember or civilian spouse may be better off seeking a court order for temporary support and maintenance.
In the event of nonsupport, the spouse seeking support can request assistance from the servicemember's commander, and if that does not work, the local JAG office or Inspector General. But unlike court-ordered support, military family support cannot be garnished, nor can a commander actually divert a servicemember's pay to the spouse. However, a servicemember who fails to pay could be punished under Article 92, UCMJ for violation of a lawful general regulation, and DFAS may recoup any BAH received for dependents the servicemember was not actually supporting.
If you are a servicemember, or spouse of a servicemember, stationed at Fort Carson, Peterson AFB, the Air Force Academy, Shriever AFB or Cheyenne Mountain AFB, contact your legal assistance office for more information. However, if you are thinking of filing for a Colorado divorce, legal separation or paternity action, you may need an attorney who knows both Colorado law and military regulations for family support, child support, and maintenance / alimony.
Army Family Support
Army Regulation 608-99, Family Support, Child Custody & Paternity requires soldiers to pay temporary support depending upon the family situation:
Civilian spouse/children not in military housing: BAH-II (aka "BAQ") at the with-dependents rate.
Civilian spouse/children in military housing: Difference between BAH-II at the with-dependents rate and the without-dependents rate.
Civilian spouse/children not in military housing and not living together: Pro rata share of BAH-II to each.
Military spouse with no children: No support obligation.
Military spouse with children split between parties: No support obligation.
Military spouse with all children: The 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 generally count towards the support obligation, except in very rare situations. A battalion/squadron commander may relieve the soldier of the spousal support obligation only in very limited circumstances, such as the civilian spouse having a higher income, being in jail, or committing physical abuse against the soldier, or the soldier having already paid support pursuant to AR 608-99 for 18 months. Note that the soldier must still pay the same support if the spouse has the couple's children. Finally, infidelity or abandonment do NOT constitute grounds for relief.
Air Force Family Support
Air Force Instruction 36-2906, Personal Financial Responsibility requires airmen to "provide adequate financial support of a spouse or child or any other relative for which the member receives additional allowances for support. Members will also comply with the financial support provisions of a court order or written support agreement."
Support includes not only cash payments, but in-kind payments like buying groceries, paying bills, etc. Unlike the other services, the Air Force does not attempt to define the level of support, instead leaving it up to the parties' agreement, and civilian courts if the parties do not agree. Even when a commander receives a complaint of nonsupport, the commander cannot define an adequate level of support.
What does this mean? If you are a spouse separated from an airman who needs child support or maintenance, get a court order!
Navy Family Support
MILPERSMAN 1754-030 provides a guide for family support, expressed as a fraction of the sailor's "gross pay" (defined as base pay plus BAH, if entitled, but excludes all other allowances, such as BAS, hostile fire pay, etc).
Spouse only: 1/3
Spouse & 1 minor child: 1/2
Spouse & 2 or more children: 3/5
1 minor child: 1/6
2 minor children: 1/4
3 minor children: 1/3
The sailor may obtain a waiver of these amounts if the civilian spouse deserted him/her without cause, physically abused him/her, or committed adultery. The waiver should be submitted through the chain of command to the Director, Navy Family Allowance Activity. Should a waiver be granted, it only applies to the spousal portion, and not the portion attributable to children.
Marine Corps Family Support
LEGADMINMAN, Chapter 15 sets up monthly support standards Marines must follow, depending upon the status of the family member, but note that a Marine is never obligated to pay more than 1/3 or his/her "gross military pay" (defined as total pay and allowances):
Civilian spouse/children in military housing: $200 per supported person.
Civilian spouse/children not in military housing: The greater of BAH with-dependents or $200 per supported person.
Multiple families: The greater of the pro rata share of BAH with-dependents or $200 per supported person.
Military spouse: No support obligation.
Military spouse with all children: The greater of BAH with-dependents or $200 per supported person.
Military spouse with children split between the parties: the greater of the pro-rata share of BAH with-dependents or $200 per supported person.
A commanding officer may relieve the Mariner of the support obligation in cases where the Marine cannot determine "whereabouts and welfare of the child concerned", the civilian spouse committed documented physical abuse against the Marine, or the family member to whom the support obligation would be owing is in jail.
This web site is an advertisement intended for informational purposes, and is not a substitute for individual legal advice from one of the many Colorado Springs law firms, Colorado Springs lawyers or Colorado Springs attorneys. Only a signed agreement with this Colorado Springs family law attorney can create a Colorado lawyer-client relationship. We assist clients in Colorado Springs / El Paso County courts, exclusively 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).
