A General Overview Of Military Family Support Obligations

A General Overview Of Military Family Support Obligations

Military service members have a legal obligation to financially support their dependents, whether during marriage, separation, or divorce. This responsibility is guided by regulations specific to each branch of the armed forces, outlining how much support a service member should provide in the absence of a court order or written agreement. These regulations, while different across branches, share common principles, such as ensuring the financial well-being of the service member's family and children.

For military families navigating these rules, understanding each service's guidelines is crucial. Having an attorney with a deep knowledge of military family law can help expedite the process and secure the necessary support, whether for the spouse seeking support or the service member obligated to provide it.

The Duty to Support Military Families

Across all branches of the military, service members are required to support their families. This obligation is particularly important when a service member is deployed or stationed away from home. The military provides several financial allowances to assist in family support, including:

• Basic Allowance for Housing (BAH): BAH helps cover housing costs for service members with dependents. The amount varies based on the service member’s rank, location, and number of dependents.
• Family Separation Allowance (FSA): This allowance provides additional financial support when a service member is separated from their family due to deployment for more than 30 consecutive days.
• Basic Pay and Other Allowances: Military members also receive base pay, special pay, and other allowances, which can factor into support calculations.

Understanding these various pay elements is crucial for calculating family support and ensuring compliance with military regulations.

General Regulations Across Branches

Although each military branch has specific rules regarding family support, many of the guiding principles are consistent. These regulations typically include:

• Guidance for Determining Support: In the absence of a court order or written agreement, each branch of service provides a general guideline for determining how much financial support a service member should provide. This calculation often involves Basic Allowance for Housing (BAH) or other factors based on the service member’s total pay.
• Commander Enforcement: Commanders are responsible for ensuring that service members meet their family support obligations. In most cases, commanders can enforce these regulations unless there is a valid reason for denying or reducing support.
• Discretion for Commanders: In some cases, commanders may allow modifications to the standard support requirements if the service member can demonstrate that they are already meeting their family's financial needs or if other circumstances warrant relief.

Each branch has its own set of detailed guidelines that outline the specific process for determining and enforcing family support:

• Army: Family support obligations for soldiers are governed by Army Regulation 608-99. This regulation outlines the steps commanders must take to ensure that soldiers are providing appropriate financial support to their dependents.
• Navy: The Navy’s family support requirements are laid out in MILPERSMAN 1754-030, which provides guidance for commanders on enforcing family support obligations for Navy personnel.
• Air Force: In the Air Force, AFI 36-2906 governs personal financial responsibility, including family support obligations for airmen.
• Marine Corps: Family support for Marines is regulated by MCO P5800.16A, which gives commanders the authority to enforce financial support requirements in the absence of a court order.
• Coast Guard: The Coast Guard Personnel Manual (COMDTINST M1000.6) provides the framework for family support for Coast Guard members, including guidelines for enforcing support payments.

Military Family Support Calculations

While each branch has specific formulas for determining family support, these typically involve using BAH as a base figure, combined with a percentage of the service member’s total income, including allowances and bonuses. The goal is to ensure that dependents receive enough financial support, even in the absence of a court-ordered amount.

A service member's financial obligation to their dependents is often influenced by factors like:

• The number of dependents (spouse and children).
• Whether the service member is living with the family or is separated due to military orders.
• Other financial contributions already being made to support the family.

Commanders play an important role in overseeing the enforcement of these obligations, but they also have some discretion. In cases where the service member is already contributing sufficiently to the family’s needs or if other special circumstances arise, a commander may adjust the amount of required support or deny a support request.

Why a Former JAG Attorney is Essential for Securing Support

Navigating military family support regulations can be complicated, especially when dealing with deployments, relocations, or other service-related obligations. A former JAG attorney has in-depth experience with military regulations and can quickly identify the best ways to secure family support, whether you are a spouse seeking assistance or a service member ensuring that your obligations are met.

A former JAG attorney understands the nuances of military pay structures, allowances, and entitlements, and they are skilled in advocating for families within the military system. This expertise ensures that the necessary financial support is secured as quickly and efficiently as possible, providing peace of mind to both service members and their families.

Call to Action

If you need assistance securing family support, whether as a military spouse or service member, our experienced team of former JAG attorneys can help. We understand military regulations and can provide the support you need to navigate this complex area of law. Contact us today to schedule a consultation by calling 301-952-9000 or using our online scheduling link (CLICK HERE).

Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Reading this blog does not create an attorney-client relationship. For specific legal advice, please contact an attorney directly.