Army Family Support Requirements

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, and is the housing allowance without the locality allowance, found on page 2 of the military pay chart.

Amount of Support

Paragraph 2-6 sets out the following support requirements in the absence of a court order or agreement:

  • Civilian spouse/children not in military housing: BAH-II at the with-dependents rate.
  • Any 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.

Note that there is no "rollover" - paying more support one month does not give the soldier credit against the support obligation for future months. Para. 2.9(d)(3).

In-Kind Payments

An in-kind payment means paying a specific bill for the dependent, rather than giving that person money so he/she has the discretion how to spend it. The Army generally does NOT count in-kind payments towards the support obligation, with one exception: if the soldier is on the lease or mortgage and bills where the dependent is living, the soldier can pay the lease/mortgage and essential utilities (gas, electricity and water, but not television, telephone, etc), and offset those payments against the support obligation. Para. 2-9(d).

Support Agreements

The spouses may come to an agreement on the payment of support. And providing that there are no disputes over the agreement, the Army will never intervene. But if a dispute arises over an agreement, it had better be in writing; an oral agreement is not worth the paper it's not printed on, and if a spouse disputes the terms or existence of an oral agreement, the Army will treat it as if no agreement exists. Para. 2.3(a).

The Army will respect the terms of a written, signed agreement for support, even if the agreement has not been adopted by a court. Para. 2.4.

Relief From Spousal Payment Obligation

Per Para. 2-14, a battalion/squadron commander (typically a lieutenant colonel) may relieve the soldier of the spousal support obligation owing under the regulation under the following circumstances:

  • 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.

Per Para. 2-15, a brigade commander (typically a colonel) may, after receiving a legal review, relieve the soldier of the spousal support obligation only, on the grounds of fundamental fairness, providing that there is no court order or written support agreement. Note that this relief is only from the spousal support, not the child support, and the total amount owing must still be paid. So in the highly unlikely off-chance relief were actually granted, it effectively means the soldier may divert the spousal component of it to the children.

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.

Enforcement of the Family Support Obligation

In the event of nonsupport, the spouse seeking support can request assistance from the member'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 member's pay to the spouse. However, a military member 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 member was not actually supporting.

Contact the Fort Carson Legal Assistance office at (719) 526-5572 or Inspector General (719) 526-3900 for assistance in enforcing the obligation.

More Information

Support Requirements and Army Regulation 608-99, from the Fort Carson Office of the Staff Judge Advocate.