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AR-608-99 is an Army Regulation that stipulates the responsibilities of the soldier and the rules for financial support. It comes in handy to the spouses of soldiers during a divorce. Sometimes, the regulations might be difficult to understand for the lay person who has not dealt with military law. This article provides answers to some of the most commonly asked questions about issues related to this. When a soldier goes through a divorce, does the Basic Assistance of Housing (BAH) go to their spouse?
On being separated from a spouse a soldier is required to pay the entire amount of BAH to their spouse. A soldier is legally bound to support his / her family unless there is a written agreement, court order, marriage or custody. AR-608-99 stipulates the policies about the responsibilities of the soldier and the rules for financial support. Is a soldier legally bound to support their spouse while a divorce petition is pending?
You are legally bound to provide some form of financial support to your spouse during the separation and the period when the divorce petition is pending. AR-608-99 says a soldier has to provide adequate and continuous support to the family members. Your payment of support will depend on their current status. If they are working now you may have to pay less support. However, if the individual thinks that they are not receiving enough monetary support during the period of divorce they are well within their rights to petition the court for more support. What is the amount of support a soldier should pay to the spouse during a divorce?
The issue of a soldier’s payment to the spouse is a civilian matter. The guidelines are not uniform throughout the U.S. It differs from state to state. Hence, the amount of support the spouse would receive depends upon which state the requirements are set in. usually, the military parents pay is considered while the amount of child support is determined. Nontaxable pay, allowances and benefits are also taken into account in determining the amount. If the divorce decree does not mention child support or health coverage is the soldier relieved of paying any kind of support? Can the soldier take the child off of their Defense Enrolment Eligibility Reporting System (DEERS)?
Even without a court order the Army can still order payment of support. This decision usually rests with the commander. Usually if a soldier is divorced and the court has not issued an order of support or if the soldier isn’t drawing BAH, the commander will not usually order the soldier to pay support. The Army reserves the right to order a soldier to pay support and TRICARE under AR-608-99. Can a person file for divorce if their spouse is deployed?
When a soldier is deployed and their spouse wants to file for divorce, the other spouse will have to wait. While you may try contacting the Inspector General, chances are very low that you will gain anything by doing this. The law provides the soldier with the right to delay the hearing while being deployed.
AR-608-99 can come as a blessing or a nightmare to different people involved in a military divorce. A divorce itself is a stressful thing for any person. On top of that military legalities and rules might confuse some people who are not familiar with the wording. If you find it perplexing as to which course of action to take you may ask a military lawyer to seek guidance regarding the best course of action.
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