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P. Simmons, Military Lawyer
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Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Military Family Support

What is Family Support?

Family Support is what a soldier pays to support the day to day needs of their former spouse and/or children. When it comes to Family support the families and/or the soldier may have concerns regarding the amounts, what the former spouse is entitled to, or how to go about setting up the family support payments. Many times when dealing with family support in the military, questions could raise that one may not know the answers to. Read below where Experts answer questions regarding Military Support and Uniform Interstate Family Support Act.

If divorce papers have been filed and not yet finalized would spousal support still be owed at the end of the year separation?

Army regulation states that the soldier is required to pay temporary family support depending on family situation. The Navy also has a policy that provides family support without an agreement or court order.

How would a spouse of someone in the military get help from their husbands command to get help with family support?

If the spouses’ husband is on active duty the best way to move forward is to contact the commanding officer of the service member. The commanding officer will be sure to make the husband follow the army regulations dealing with family and spousal support.

Can a commanding officer or the Army do anything to make sure the divorced service member that is stationed in California and is living in on base housing pays their family support?

First thing one should do is call the legal assistance office in Fort Dix and the JAG should be able to help. For any additional questions regarding the uniform interstate family support act you can turn to the military lawyers for quick and reliable legal insight.

Does a soldier who has custody of the children, have to pay spousal support and child support?

The best option for the soldier is to hire an attorney and take the spouse to court. In certain military laws, the soldier would have to pay to help support the former spouse if that spouse can prove that he/she deserves to have the support. The one that has the children, however, is the one who receives the child support.

If a soldier’s spouse is pregnant and planning on leaving the soldier for reasons of cheating, and other reasons, what all would they be entitled to in the means of support?

Each branch of the military has their rules in regards to providing family support to their family, but without a court order the military cannot enforce the soldier to provide this support. Each branch of service does punish soldiers for not providing support for their families, but the punishments are not usually severe and the military cannot discuss these punishments with anyone. The Army however requires that a soldier pay his/her spouse family support in the amount equal to BAH type II. So if the BAH type II with dependant rate and the soldiers rank is $400 per month and the soldier is separated from the spouse and child, the soldier may have to pay $200 a month for each. Although this is not set in stone and the courts may award more or less depending on the state of the divorce.

When a soldier and his/her spouse separate or divorce, they may be confused as to where to turn next. Family Support is set up to help the former spouse and/or children survive financially every month. The soldier and former spouse would need to sit down and agree on the amount in which the soldier would pay in family support or they can set the amount up in a court order, but there are times when the soldier or former spouse may have questions that they need answered in order to move forward. Consulting an Expert is a great affordable way to get the advice that he/she may need to move forward in getting family support.

Ask a Military Lawyer

P. Simmons
P. Simmons, Military Lawyer
Category: General
Satisfied Customers: 11861
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
11181181
Type Your Military Law Question Here...
characters left:
2 Military Lawyers are Online Now

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