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AR-608-99 Questions

AR-608-99 is an Army Regulation that outlines the policies on responsibilities of the soldier and the procedures for financial support. AR-608-99 can be very helpful to the spouses of soldiers during a divorce. However, the guidelines may be difficult to understand for those who have never dealt with military law. If you have questions related to AR-608-99, you can ask the thousands of Experts that are available. These Experts can answer many questions that you may have and can give you legal insight on AR-608-99 and how it affects soldiers and their families. Below are five of the top AR-608-99 questions that have been answered by the Experts.

If a soldier is going through a divorce, does their Basic Assistance of Housing (BAH) go to their spouse?

If a soldier is separated from his/her spouse, they are required to release the entire amount of BAH 11 to their spouse. Until a written agreement, court order, marriage or custody, the soldier is required to support their family by legal obligation. AR 608-99 outlines the policies on responsibilities of the soldier and the procedures for financial support.

Is a soldier required to support their spouse while a divorce is pending?

You are required to provide some form of support to your spouse throughout the separation and pending divorce. Under Army Regulation 608-99, a soldier is responsible for providing adequate and continuous support for family members. You need to consider their current status, if they are working; you may not have to pay as much support. However, if the individual doesn't think they are receiving enough money during the divorce, they can petition the court and request more support.

You can find more information here: http://www.jrtc-polk.army.mil/SJA/r608_99.pdf

How much support is a soldier required to pay their spouse during a divorce?

The amount in which a soldier is expected to pay their spouse is a civilian matter. Because every state has different guidelines, the amount of support will depend upon which state the requirements are set in as to how much the spouse will receive. Usually, the military parents pay is considered when determining the amount of child support. Nontaxable pay, allowances and benefits are usually also considered in the determination. You can see the AR 608-99 regulation to get a better understanding of provisions here: http://www.usapa.army.mil/pdffiles/r608_99.pdf

If there is no mention of child support or health coverage in the divorce decree, is it true that the soldier doesn't have to pay any kind of support and can take the child off of their Defense Enrollment Eligibility Reporting System (DEERS)?

Without a court order, the Army can still order support, which would make this question untrue. However, this decision is usually up to the commander. Usually if a soldier is divorced and there isn't an order of support or if the soldier isn't drawing BAH, the commander will usually not require the soldier to pay support. The Army can order a soldier to pay support and TRICARE under AR-608-99.

Is it true that a person cannot file for divorce if their spouse has been deployed?

If a soldier has been deployed, their spouse will be required to wait to file for divorce. You can try to contact the inspector general, but it is unlikely that you will gain anything by this move. The law allows the soldier to delay a hearing while being deployed.

AR-608-99 can be a blessing or a nightmare to many people who are involved in a military divorce. Dealing with a divorce is stressful enough, but the military legalities and regulations may be confusing for some people who are unfamiliar with the wording. There are Experts that are available that can answer your a wide variety of AR-608-99 related questions and can help you understand the sometimes confusing language found in the US military rules and regulations.
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