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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.

Ask a Military Lawyer

P. Simmons
P. Simmons, Military Lawyer
Category: General
Satisfied Customers: 11942
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
11181181
Type Your Military Law Question Here...
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Military Lawyers are online & ready to help you now

P. Simmons
Military Lawyer
Satisfied Customers: 11441
Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Allen M., Esq.
Lawyer
Satisfied Customers: 4035
Lawyer and current JAG officer.
Marsha411JD
Lawyer
Satisfied Customers: 1149
Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG

Recent AR 608 99 Questions

  • My former spouse was awarded 40% of my retirement in the divorce.

    My former spouse was awarded 40% of my retirement in the divorce. I submitted through DFAS for her to receive her award from therm. The process took 9 months before It was automatically deducted. She continued to receive her entitlement directly from me via check. Do I have the ability to re-coup taxes paid on her award.
    Thank you
  • I was divorced in 2001, and was an E-7 in the Air National

    I was divorced in 2001, and was an E-7 in the Air National Guard with approximately 25 years service. After the divorce I continued on in the Air Guard for another 9 years and was promoted to E8. My ex will get a percentage of my military retirement when I begin to collect it at age 60. My question is, will the percentage she gets be based on my E7/25 years or E8/30 years?
  • Shipped to Boot Camp while recovering from a TBI (Traumatic

    Shipped to Boot Camp while recovering from a TBI (Traumatic Brain Injury). I was wondering if you can answer a question. I enlisted in the Marine Corps and went through the MEPS processing in 1992. I did not lie on any enlistment documentation. A few months later (I was already inactive reserve through the Delayed Entry Program) I suffered a subdural hematoma (SDH) during a HS football game. I spent a few weeks in ICU and was released from the hospital. I never followed up with my Doc to see if it had SDH had resolved. I informed my recruiter but he said not to worry about it. With in 60 days of my SDH I was taking a Physical Fitness Test (PFT). A few months afterwards I went off to boot camp without thinking twice about my SDH. I completed boot camp and fulfilled my enlistment with an honorable discharge. However, I always did experienced headaches and vertigo from time to time (Nothing a hard charging Devil Dog should complain about) but now what really scares me is I am noticing problems with my short term memory that is begging to affect my employment. My boss is getting tired of hearing "I forgot". After doing some research I found that TBI takes years to heal and I was still in the healing process when i went through boot camp. Can my current condition be "service related"?
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