Waldman & Associates, PLLC

Barry J. Waldman, Esq.
December 12, 2009

Military members and their spouses are subject to slightly different rules, on at least a temporary basis, in relation to Child Support and Alimony/Spousal Support. Military members are subject to Family Support requirements under the Uniform Code of Military Justice, as defined by the specific branch of the military that the military member serves.

Family Support generally applies where the military member and his or her spouse are separated, or the military member has a child out of wed-lock that they are not financially supporting. To receive the benefit of these protections, the military spouse, or non-military parent of the military member’s child, may have to make application to the spouse’s command structure. In each instance the Commanding Officer of the unit, or the Commanding Officer’s designee, will determine whether or not the military member is complying with the requirements set out by each branch for Family Support, and whether indirect payments (such as paying mortgages, car loans, credit cards and utilities) will be applied to these requirements.

In each circumstance listed below, it is assumed that the military member is not the custodial parent, and that the parents are married, unless otherwise indicated. Family Support responsibilities only exist where there is no Court Order defining the amount of support to be paid, and where there is no written agreement between the parties addressing support. Where the military member is the custodial parent, different rules apply.[1]

ARMY – Military Divorces involving Army personnel subject the military member to a Family Support responsibility based upon the most complex of approaches used by the various braches of the armed forces. The determination is usually tied to the military member’s BAH[2] adjusted to reflect the standard baseline BAH, without adjustment for regional differences.[3] If both parties are military members, the Army will establish responsibility based upon a differential of the BAH for the two service members. Where the spouse is not in the military, and lives in military housing, no family support will generally be required.

NAVY – Military Divorces involving Naval personnel create a Family Support responsibility for the service member based upon the number of dependents and based upon gross pay. The Navy will require the service member to provide somewhere between 1/6 (one-sixth) and 3/5 (three-fifths) of the navy members’ gross pay, which is defined as including base pay and BAH. The specific percentage is determined by the number of dependents of the service member.

MARINE CORPS – Military Divorces involving Marine personnel will potentially subject the service member to payment based upon either a specific minimum payment or a fraction of their BAH. This amount varies from a minimum of either $350 or ½ (one-half) of their BAH, whichever is greater, up to $870 or 5/6 (five-sixths) of their BAH, whichever is greater, for a five dependent family.[4]

COAST GUARD – Military Divorces involving Coast Guard personnel will typically create a Family Support obligation that is based upon a percentage of the guard member’s base pay and a portion of their BAH. For example, a guard member with two dependents (in this case one spouse and one child living with that spouse), will pay 25% (twenty-five percent) of their base pay and the difference in BAH received for a single guard member and a guard member with two dependents for the geographic area where guard member is stationed. Where the guard member is not married but is failing to support their children, this calculation will be based solely upon a percentage of their base pay.

AIR FORCE – The Air Force’s approach to Family Support obligations is the least beneficial to unsupported family members. Essentially, the Air Force does not enforce a Family Support obligation. The spouse or the child’s support must be obtained by agreement or court order. If the Air Force member is receiving BAH calculated to include dependents that they are not supporting, the Air Force will frequently seek to recover the over payment made for these dependents, but does not deliver these funds to the unsupported dependents.

The level of enforcement for these Family Support obligations in a Military Divorce will vary depending on the Commanding Officer. Some Commanding Officers strictly adhere to a requirement of cash payment by the uniformed military member to their dependents. Others will grant credits for nearly any bill paid by the service member that may vaguely benefit dependents. It is important that you have an experienced Military Divorce lawyer who understands Family Support obligations to ensure your rights are protected, whether you are the service member or the dependent.

It is also important that your Military Divorce lawyer be well versed in the Child Support and Alimony/Spousal Support laws in your state. State Court Orders dealing with these issues will always take precedence over and replace these Family Support obligations. You should know whether or not you are better off going to court or relying upon Family Support in your military Divorce.

Barry Waldman can be reached at 540-891-1414 or reception@waldman-law.com.

* This article is provided as general information only and should not be relied upon in place of receiving advice directly from an attorney licensed to practice law in the state having jurisdiction over your case. The information provided is intended solely to encourage individuals to seek the advice of an attorney and does not, in and of itself, constitute advice provided to the reader.