Posted on Mar 21, 2019
How can someone ensure their military spouse fulfills any financial obligations to their dependents during the divorce process?
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I have friend going through divorce in Hawaii. Her husband is active duty, and avoiding any financial support. She contacted his first line leader and 1SG, to no avail. What regulations govern financial support of dependents? And, who in his chain of command should she contact for the most certain and expeditious resolution?
Divorce
Dependents
Child Care
Spouse
Posted 5 y ago
Responses: 5
Regulations dictate that he is required to provide BAH pending divorce finalization. As for child support, that will be up to the courts. Have your friend contact his Commander directly. That will fix the issue.
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SFC (Join to see) AR608-99 governs the support requirements before a court order. It is not a huge amount, especially if the family is in government quarters.
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LTC Jason Mackay
SFC (Join to see) the reg is very short and can be publicly downloaded from apd.army.mil
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Have the person contact the service member's Commander directly (bypass the NCO chain if they won't forward it up). If they have one, send the Commander a copy of any separation agreement outlining the spousal/family support. If they don't have any type of separation agreement, or any other court-ordered arrangement, they should get one. The Commander can then enforce the agreement.
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SSgt Jim Gilmore
The spouse can ask the court to institute child support while proceedings are in progress.
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