JOINT BASE SAN ANTONIO-FORT SAM HOUSTON, Texas –
The topic of separation or divorce isn’t an easy one, but it is important to be educated on the Army’s financial support requirements when a couple considers going down that path.
The bottom line is that the Army requires Soldiers to provide financial support to family members.
The specifics are usually left up to the Soldier and his or her spouse, but if there is a dispute between the parties regarding financial support, commanders follow the guidance in Army Regulation 608-99, which been in place for many years.
The Army recently supplemented AR 608-99 with Army Directive 2020-04, which creates an additional financial support requirement.
Before we explain the new financial support requirement, some background on AR 608-99 is needed. The regulation starts by requiring that Soldiers comply with any court-ordered financial support requirements. If there is no court-ordered financial support, then commanders look to see if the parties have an agreement.
If there is no court order or agreement, then AR 608-99 requires the Soldier to pay his or her spouse and other family members an amount each month that takes into consideration a number of factors, such as the rank of the Soldier, whether the spouse is also in the military, where the spouse and family members are living, and whether the spouse makes more money than the Soldier.
A common scenario involves a Soldier moving into the barracks, while the spouse and children live in an apartment off post.
In that situation, the Soldier normally pays the spouse an amount of money equal to the non-locality Basic Allowance for Housing (BAH) at the With Dependents rate, which may be found at https://www.defensetravel.dod.mil/Docs/perdiem/browse/Allowances/Non-Locality_BAH/2020-Non-Locality-BAH-Rates.pdf .
The Soldier can either pay the amount owed directly to the other spouse, or he or she can pay the rent and utilities of the other spouse and family members. The payments are meant to be temporary, bridging the gap between when a couple separates and when a court issues financial support requirements as part of a divorce.
In Army Directive 2020-04, the Secretary of the Army has approved an enhanced interim financial support requirement, which becomes effective May 24, 2020.
Per the directive, in addition to the regular amount owed under AR 608-99, Soldiers will pay an additional amount to their spouse. The additional amount will be the BAH-Diff rate for the Soldier’s pay grade. The BAH-Diff rate is also available at https://www.defensetravel.dod.mil/Docs/perdiem/browse/Allowances/Non-Locality_BAH/2020-Non-Locality-BAH-Rates.pdf .
The enhanced payments are to ensure the spouse and family members have quick access to funds for food and other necessities – not simply housing – until they are able to start the separation process in a U.S. state court with jurisdiction to order support.
How long the enhanced payments continue depends on where the spouse lives. For families where a U.S. state court has jurisdiction to order financial support, the Soldier will make a one-time enhanced payment in conjunction with the first 30 days of support regularly required by AR 608-99.
For all other families – meaning those without access to a U.S. state court – the Soldier will make the enhanced payments for as long as the regular support is required by AR 608-99 (i.e., until there is a written agreement or a court order for financial support).
Soldiers satisfy the enhanced payment obligation by making a payment directly to their spouse. Payments may be made in cash, by check or money order, or in other ways that allow the spouse and family members to have prompt access to funds for food and other necessities.
Soldiers and spouses with questions on the new enhanced support obligations may contact a legal assistance attorney for advice and assistance.
For more information, call Soldier Legal Services at Joint Base San Antonio-Fort Sam Houston, located at 2422 Stanley Road, building 134, at 210-808-0169.