Military Divorce Guide

Comprehensive Family Law Information for Servicemembers & Family Members.

    • Home
    • Black & Graham Site
    • Family Law Guide
    • About Carl
    • Contact

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 Divorce Guide

Support

Printer-friendly versionPrinter-friendly version

Maximum Garnishment Limitations

  • Garnishment
  • Support

The maximum that the Defense Finance & Accounting Service (DFAS) will garnish, outlined in 5 CFR §581.402, is the following:

  • Read more

Former Spouse Military Benefits

  • Benefits
  • Support

Upon obtaining a Colorado dissolution, the former spouse of a servicemember has a right to receive military benefits so long as he/she meets the criteria. As the benefits are statutory entitlements, they are automatic and not subject to negotiation or deviation by a divorce court in Colorado or other states.

Children and stepchildren of servicemembers retain full military benefits while unmarried and under 22.

 

  • Read more

Coast Guard Family Support

  • Support

COMDINST M1000.6A, Personnel Manual, Chapter 8M (this is a huge 17MB document, which takes forever to load) sets out obligations of Coast Guard servicemembers to support their spouses in the absence of an agreement or court order.  Paragraph 8.M.3.c.

  • Read more

Marine Corps Family Support

  • Support

MCO P5800.16A, Marine Corps Manual for Legal Administration, Chapter 15, sets up monthly support standards members must follow in the absence of an agreement or court order.  Per section 15004, the amount payable upon request by a family member is expressed as a fraction of the BAH or OHA the marine is receiving, with a minimum dollar level per family member:

  • Read more

Navy Family Support

  • Support

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:

  • Read more

Air Force Family Support

  • Support

Air Force Instruction 36-2906, Personal Financial Responsibility requires servicemembers, in the absence of an agreement or court order, to "provide adequate financial support to family members."  Para. 3.2.1.

  • Read more

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:

  • Read more

Military Family Support

  • Support

Each of the military services 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.

  • Read more
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.

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 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).  Login