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MILPERSMAN 1754-030, Chapter 15, Support of Family Members, provides a guide for family support in the absence of an agreement or court order.  Para. 4.a.  The obligation is 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

 

Waiver of Obligation

Only the Director, Dependency Claims, Navy Military Pay Operations, at DFAS, may grant a waiver.  Pursuant to para. 5.b, the grounds for a waiver are:

  • Desertion without cause,
  • Physical abuse, or
  • Infidelity by the spouse.

Should a waiver be granted, it only applies to the spousal portion, and not the portion attributable to children.

 

Have a military divorce case? Deployed? Black & Graham can help.

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