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Financial Support

Service members going through divorce have to consider many financial issues, including determining how much child and spousal support they will be paying each month. In addition to State law, military regulations also set standards for the financial support of dependents during and after divorce. It is important to understand when these regulations apply and the requirements you must meet.

What is financial support?

Financial support refers to required support payments for dependents of service members. It is determined by a court order, written mutual agreement, and/or in accordance with regulations by each military branch. Depending on your branch of service, you may pay additional military ordered support along with any state-directed child or spousal support. A service member who fails to pay financial obligations runs the risk of facing punitive action under the Uniform Code of Military Justice (UCMJ).

financial support for military divorce

FAMILY SUPPORT GUIDELINES

Once you have separated from your spouse, you may be required to pay financial support for your spouse and children. From a military standpoint, separation starts once you stop living with your spouse, so support payments may be required even before you file for divorce.

The amount of support will be dependent on your branch of service, income, and the specific details of your family. For example, if your spouse is also active military or your family lives in government housing, no additional support may be required.

Generally speaking, any court order setting forth financial support obligations is what must be followed. Absent a court order, any mutual agreement between you and your spouse is what should be followed.  If you are working off of a mutual agreement, it is in your best interest to have some proof of the order.  If it is just a verbal agreement, there is a risk that you will not be able to protect yourself if your spouse says you haven’t been providing the full amount that was agreed upon. Absent a court order and mutual agreement, each branch of the military has set rules to determine how much financial support is due. These rules apply only if there is no valid court order or mutual agreement.  There is no obligation for the agreed or court-ordered amount to be based off of the military standard calculation.

Garnishment for Child Support and Maintenance

Child support and maintenance payments are controlled by state law. Military pay can be garnished for child support and maintenance. Some forms of military pay, such as Basic Allowance for Housing (BAH) and Basic Allowance for Subsistence (BAS), are exempt from garnishment. A full list of funds exempt from garnishment is made at 5 C.F.R. §581.104. Depending on the circumstances, up to 50-60% of a service member’s disposable earnings may be garnished.

FAMILY SUPPORT GUIDELINES

Once you have separated from your spouse, you may be required to pay financial support for your spouse and children. From a military standpoint, separation starts once you stop living with your spouse, so support payments may be required even before you file for divorce.

The amount of support will be dependent on your branch of service, income, and the specific details of your family. For example, if your spouse is also active military or your family lives in government housing, no additional support may be required.

Generally speaking, any court order setting forth financial support obligations is what must be followed. Absent a court order, any mutual agreement between you and your spouse is what should be followed.  If you are working off of a mutual agreement, it is in your best interest to have some proof of the order.  If it is just a verbal agreement, there is a risk that you will not be able to protect yourself if your spouse says you haven’t been providing the full amount that was agreed upon. Absent a court order and mutual agreement, each branch of the military has set rules to determine how much financial support is due. These rules apply only if there is no valid court order or mutual agreement.  There is no obligation for the agreed or court-ordered amount to be based off of the military standard calculation.

GARNISHMENT FOR CHILD SUPPORT AND MAINTENANCE

Child support and maintenance payments are controlled by state law. Military pay can be garnished for child support and maintenance. Some forms of military pay, such as Basic Allowance for Housing (BAH) and Basic Allowance for Subsistence (BAS), are exempt from garnishment. A full list of funds exempt from garnishment is made at 5 C.F.R. §581.104. Depending on the circumstances, up to 50-60% of a service member’s disposable earnings may be garnished.

Understand Your Rights

As a parent, you’ll want to make sure you do everything necessary to take care of your children. You may be less excited about paying your ex-spouse money every month. The attorneys of Divorce Lawyers for Military have experience in state and military law to help you understand all your rights regarding financial support. We’ll make sure your support obligations are fair and meet the requirements of Washington divorce law and military regulations. We’ll also strongly oppose any requests by your spouse for excessive and unreasonable spousal support.

Child Support

One of the longest-lasting financial consequences of a divorce, child support, is not set by personal preference or by whim of the court. By Washington state statute, child support is calculated based on a statewide schedule adopted by the Legislature. It is a complex system. To read more about child support and how it is calculated in Washington State, click the button below.

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By military Branch

support guidelines

The following is a brief summary of minimum support requirements by military branch. These minimum support requirements are, generally, only enforced in the absence of any state order for support.

FINANCIAL SUPPORT

If you are receiving credit for payment of rent, utilities, mortgage, interest due on loans, and real property insurance payments, you are likely obligated to pay minimum support to your spouse and dependents. If no support order has been issued by the court, and you and your spouse have not signed a written agreement, your minimum support requirements are calculated based on the following conditions:

 

  • Family unit not in government housing: Basic Allowance for Housing II – With Dependents (BAH II – WITH).
  • Family unit in government housing: No support unless supported family member moves out of government housing.
  • Family members within the family unit residing at different locations: Pro-rata share of BAH II – WITH to each family member not residing in government housing. No additional support for family members residing in government housing.
  • Service member married to another person on active duty in any service: No support unless required by court order or by agreement.

For complete information and possible changes to Army financial support regulations, please review AR 608-99, Family Support, Child Custody, and Paternity (2003).

FINANCIAL SUPPORT

If no court order or agreement between you and your spouse exists, the minimum support requirements listed below will apply. Per Navy regulation, these amounts are only used as a guideline and can be increased or decreased as the facts and circumstances warrant.

 

  • Spouse only: 1/3 of gross pay.
  • Spouse and one minor child: 1/2 of gross pay.
  • Spouse and two or more children: 3/5 of gross pay.
  • One minor child: 1/6 of gross pay.
  • Two minor children: 1/4 of gross pay.
  • Three minor children: 1/3 of gross pay.

For further information and possible changes to Navy minimum support regulations, please consult 32 C.F.R. § 733.3.

FINANCIAL SUPPORT

If no state court has issued an order and you or your spouse have not signed a written agreement, after receiving a complaint of nonsupport to a commanding officer the following minimum support requirements will be used to determine the amount of support to be provided:

The amount to be paid is based off of the number of family members entitled to support.  This does not include former spouses (regardless of whether or not financial support is provided to them) or a spouse that is also an active duty military service member. It does, however, include children with another active duty service member.

 

Total Number of Family Members Share of Monthly BAH/OHA
1 1/2
2 1/3
3 1/4
4 1/5
5 1/6
6 or more 1/7

 

So, if there was a spouse and child the marine would be obligated to provide 1/3 BAH for each.  If the marine is providing support to the family members in other ways that do not benefit the marine (i.e. paying rent or utilities), the commanding officer could reduce or eliminate the marine’s “cash” support obligation.  This also applies to family members that continue to reside in base housing.  Whatever calculations are made, the final amount cannot be more than 1/3 the marine’s gross pay.

For complete information and possible changes to the minimum support requirements of the Marine Corps, please see MCO P5800.16-V9, Chapter 15.

FINANCIAL SUPPORT

Air Force regulations are based on a pro-rata share of Non-Locality Basic Allowance for Housing. Air Force policy does have stipulations to protect airmen from paying support to abusers or a spouse that is in jail. There is also an 18 month limit on the Air Force’s mandate to provide service. Here are some key points regarding support in Air Force policy:

 

  • Service members must provide the pro-rata share of Non-Locality Basic Allowance for Housing to family members not residing in government housing. This is calculated by using:

(1 / # of family members) x Non-Locality Basic Allowance for Housing)

Example of spouse and child:
(1/3) x $1,500 = $500 per family member = $1000/mo support owed

 

  • Members must also comply with the financial support provisions of a court order or written support agreement.
  •  If a complaint of non-support is received from a family member, the service member must prove financial support.
  • The Air Force will recoup the with-dependent rate basic allowance for housing received by the member during periods of non-support.

For more information and possible changes to the minimum support requirements of the Air Force, please see AFI 36-2906, Personal Financial Responsibility (1998).

FINANCIAL SUPPORT

The following minimum support requirements will apply in the absence of a court order:

 

  • Spouse Only: Basic Allowance for Housing Differential (BAH-DIFF) plus 20% of basic pay.
  • Spouse and one minor or handicapped child: BAH-DIFF plus 25% of basic pay.
  • Spouse and two or more minor or handicapped children: BAH-DIFF plus 30% of basic pay.
  • One minor or handicapped child: 16.7% of basic pay.
  • Two minor or handicapped children: 25% of basic pay.
  • Three or more minor or handicapped children: 33% of basic pay.

For more information and possible changes, please see Coast Guard Discipline and Conduct Manual Section 2.E.3.c. (COMDTINST M1600.2, Issued 29 Sep 2011).