How can someone ensure their military spouse fulfills any financial obligations to their dependents during the divorce process?

2019-03-21T07:15:55-04:00

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?

Response by LTC Kevin B. made Mar 21 at 2019 7:30 AM

2019-03-21T07:30:47-04:00

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.

Response by LTC Jason Mackay made Mar 21 at 2019 8:51 AM

2019-03-21T08:51:56-04:00

SFC Private RallyPoint Member AR608-99 governs the support requirements before a court order. It is not a huge amount, especially if the family is in government quarters.

Response by MSG Private RallyPoint Member made Mar 21 at 2019 9:46 AM

2019-03-21T09:46:53-04:00

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.

Response by 1SG Private RallyPoint Member made Mar 21 at 2019 10:33 AM

2019-03-21T10:33:46-04:00

Legal Assistance also assists family members.
IG, should the Cdr not act.

Response by Patricia Overmeyer made Mar 21 at 2019 11:33 AM

2019-03-21T11:33:46-04:00

There are regulations for each branch of the service which require the service member to provide support for their dependents while they are going through a separation or divorce. Each branch has different requirements and if the wife is living in military housing while the service member is not, then that is going to be considered as part of the financial support. The military will also look at whether or not the service member is paying for vehicle and insurance which the wife is using, etc.

Since it appears that the wife is not getting anywhere with the immediate chain of command, then I suggest she go a few rounds higher in the chain. She can also contact JAG and Family Services to start getting some support. I have found that it is more expeditious to go through JAG and Family Services at times since the chain of command is not always responsive. I always have my client prepare a Financial Affidavit which lists her financial needs in order to show that she should be receiving more than just the minimum amount the branch regulations require. Each state has their own version of a Financial Affidavit and you can find it online at the state courthouse website, usually under the family law documents section. But the only time I do this is when I know that the service member is able to raise SCRA and/or we cannot get the service member served until he returns stateside. I have found it is much easier to get into court and obtain a temporary order.

If there is already been a court filing for dissolution of marriage, then she needs to file a motion for temporary support order for both child support and spousal maintenance until the divorce is finalized. This bypasses the military branch regulations. Once there is a court order, the military is required to ensure the service member is in compliance with the court order. Furthermore, a temporary support order can be sent to DFAS. Once DFAS receives a copy of the temporary order and IWO (Income Withholding Order), DFAS will begin taking the payments out of the service members pay and sending it to the wife or the state child support clearinghouse. Remember, the court filing can only occur if the service member can be properly served and will not be able to raise any SCRA protections.