Have Military Law Questions? Ask a Military Lawyer.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.
Is there a specific question with which I could assist?
Air Force Instruction 36-2906, "Personal Financial Responsibility," requires service members, in the absence of an agreement or court order, to "provide adequate financial support to family members." Unlike the other services, the Air Force does not define the level of support, instead leaving it up to you and your spouse and/or civilian courts if you and your spouse do not agree.
If you want to try to avoid going to court first for financial support, you can try asking the service member to set up a voluntary allotment with the finance office. A voluntary allotment is a designated amount of money from the service member's pay set up by the service member that is automatically distributed to you. While voluntary allotments avoid time in a court, you should know that these allotments are not mandatory and that the service member would need to agree to set up the allotment and would be able to stop or adjust the allotment at any time.If you are unable to reach an agreement on a voluntary allotment, you should meet with an attorney to discuss obtaining a court order to establish an involuntary allotment. The military cannot deduct money from a service member's pay without his or her consent, unless a civilian court has ordered a garnishment or involuntary allotment. With a court order, your spouse cannot stop or adjust the allotment. Based on your facts I don't see any issues with a court issuing an order in your favor.
That is as to the point as it is possible to do with military regulations.