As a result, the Army requires Soldiers to manage their personal affairs in a way that does not bring discredit upon themselves or the United States Army. Specifically, the Army expects Soldiers to maintain reasonable contact with family members to ensure dependent well-being does not become a matter of official concern. In order to do this, Soldiers are responsible for providing adequate financial support to family members, to honor their parental commitments, and to comply with all court orders. Commanders are responsible to ensure Soldiers adhere to these responsibilities. Although the Army recognizes that most Soldiers and their dependents can manage financial affairs without command involvement, the commander must get involved when a family member submits a complaint to the command alleging financial non-support. How to Determine Financial Support?
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As a result, the Army requires Soldiers to manage their personal affairs in a way that does not bring discredit upon themselves or the United States Army. Specifically, the Army expects Soldiers to maintain reasonable contact with family members to ensure dependent well-being does not become a matter of official concern.
In order to do this, Soldiers are responsible for providing adequate financial support to family members, to honor their parental commitments, and to comply with all court orders. Commanders are responsible to ensure Soldiers adhere to these responsibilities. Although the Army recognizes that most Soldiers and their dependents can manage financial affairs without command involvement, the commander must get involved when a family member submits a complaint to the command alleging financial non-support.
How to Determine Financial Support? When a complaint of non-support is made by a family member against a Soldier, the Commander must look to Army Regulation AR to determine what the Soldier must pay. First, the Soldier must obey any court orders by a US court or a foreign court, if that foreign court order was enforced by a US court, or if the United States has agreed in a treaty to honor valid financial support orders entered by courts of that foreign country.
Second, if there is no foreign court order, a commander must determine whether a written, signed separation agreement exists. If so, the Soldier must follow the terms to which he or she agreed in that separation agreement. Oral agreements are not enforceable. Finally, if there is no separation agreement, the Soldier must adhere to the interim support guidelines in AR The support amount depends on a number of factors such as the number of supported dependents, where those dependents live, and whether the Soldier has dependents from another marriage.
On the other hand, if the family is living in Government Housing, there is no requirement to provide any financial support.
Please keep in mind that there are many different dependent support scenarios to consider when calculating interim support. Accordingly, it is crucial that any Soldier with questions about his or her particular situation immediately seek legal counsel to determine what amount they should pay.
Soldiers can make payments in a number of ways. Some of the more common methods are cash, check, money order, electronic transfer ETF or an allotment. However, best practice is to make payments in a recordable way so if a commander asks a Soldier for support proof, the Soldier can retrieve a bank statement.
Additionally some "payments-in-kind" count toward the support obligation. For instance, a Soldier paying a mortgage or rent on a home in which the dependents reside can credit that amount toward their interim support obligation. Payments-in-kind which exceed the interim support amount are not credited toward future months.
Although rent, mortgage and essential utility payments count as payments-in-kind, payments for cars, insurance, or cell phones do not count, unless the supported dependent agrees, in writing, to this method of payment. Parts of AR are punitive. For instance, if a financial non-support complaint is made against a Soldier and that Soldier is unable to demonstrate support has been paid according to a court order, separation agreement, or the interim support guidelines, he or she is in "arrears.
This is the case even if the Soldier was never previously counseled on support guidelines, and as a result, if a Soldier is geographically separated from dependents who do not live in Government Family Housing, a good rule of thumb is to adhere to the interim support amounts or ensure payments-in-kind reflect meet interim support.
Additionally, a commander may impose UCMJ punishment if he or she determines a Soldier has not made payments in accordance with a court order or separation agreement.
Again, whenever a Soldier is in doubt about support obligations, it is best to seek out legal guidance. When does the support requirement end? A support requirement may end in a number of ways. For instance, when a judge signs a divorce decree that does not include an obligation to pay alimony or child support, then the obligation may end.
AR lists specific grounds on which the termination authority may exercise authority, which include a Soldier payor who has been the victim of abuse by the dependent, when the dependent is in jail, when a court issues a support order without proper authority, when a dependent makes more money than the Soldier, or when the Soldier has been making payments for 18 months, and other conditions are met.
Rather, immediately seek legal counsel for a course of action. Please note: This article was compiled and vetted by Mr. The Information contained in this article only provides basic information and is not intended to serve as a substitute for personal consultation with a qualified legal assistance attorney.
In the Ansbach community the Legal Assistance Office offers assistance five days a week. Scheduling an appointment is highly recommended, but assistance to walk-in clients is provided on a space-available basis. The LAO prepares or reviews legal documents including, but not limited to: wills, powers of attorney, living wills, healthcare powers of attorney, bills of sale, simple affidavits, leases, household goods claims assistance, promissory notes, adoption proceedings, name changes, uncontested divorces, and separation agreements.
The LAO assists with legal issues regarding child support, fair credit reporting, debt collection, bankruptcy, identity theft, German landlord relations and leases and the preparation and review of petitions to the Army Review Boards Agency, rebuttal statements or appeals for FLIPLs, officer evaluation reports, officer or NCO evaluation reports, administrative reprimands, or other documents in connection with other military administrative actions.
The U. Army Garrison Ansbach Legal Assistance Office is located on the third floor in building on Katterbach Kaserne and is open Mondays through Thursdays from 9 to a. It is closed on weekends and U. S federal holidays.
USAG Ansbach continues its mission of streamlining base support operations management, allowing tactical commanders to concentrate on their essential training and missions. The garrison takes pride in its support to more than 6, Soldiers, civilians, and family members, working and living within the USAG Ansbach area. To learn more about the people and facilities of the U.
Dependent Financial Support and AR 608-99
Fenrishicage Your Brigade Commander is not limited to simple waivers of support obligations. Defenses to non-support of a child are:. Depending on the situation, you can request a waiver from your battalion or brigade commander. AR only has two basic requirements. The Navy nonsupport policy that, in the absence of an agreement or order, a unit commander may use the following as a guide for the adequacy of support:. Best practice is to make sure that Family member support is arranged ahead of time and does not become a problem for your chain of command. Take the first step today The next chapter of your life is waiting for you.
AR 608-99 PDF
Shaktigore There are times when you may be obligated to provide financial support, even when it does not seem fair. The basic requirements for AR are very simple; however, there a a few instances that may release you from having to pay. Second, there must not be any kind of written support agreement. If you have any questions, you should make an appointment to talk with a legal assistance attorney. Life as a Soldier often means that you are separated from your Family, sometimes for extended periods of time. Make sure you have a way to prove you have been making payments. AR only has two basic requirements.
Dependent Financial Support and AR 608-99