Legal Assistance answers questions about family support, separation
April 12, 2013
CAMP HUMPHREYS -- Military service in a foreign country can be difficult on family members, whether they accompany the Soldier or remain behind in the United States. For those seeking legal assistance to understand the costs and obligations associated with a separation or a divorce, the following questions may be worth asking:
My spouse and I are separated or going through a divorce, so how much money do I owe them for support?
-The answer is pretty straight forward. Army Regulation 608-99 establishes guidelines for support of family members. If a court order or written agreement states the amount of support that must be provided, then the Soldier must provide that amount to authorized family members.
What if we have no court order or agreement?
-According to AR 608-99, if you have one family unit (no children from a prior relationship and no court order establishing paternity) and the family is not living in government housing, then the Soldier must provide an amount equal to the BAH-WITH dependents rate. If the family is living in government quarters, then the Soldier must provide an amount equal to the difference between BAH-WITH and without dependents.
What if I am supporting dependents from a previous relationship?
-If the Soldier has multiple family units, then each supported family member will receive a pro-rata share of the BAH-WITH. For example, a Soldier with four children total, two living with a current spouse and two living with a former spouse, has five supported family members. This Soldier would need to provide each family member with 1/5 of the BAH-WITH.
The most important step to take when considering separating from a spouse or filing for divorce is to talk to a Legal Assistance Attorney, who will help review options and provide information to help make the best decision. To make an appointment with at the U.S. Army Garrison Humphreys and Area III Legal Center is by stopping by Bldg. 734 or calling 753-6245.
The Legal Center is open Monday-Wednesday, from 9 a.m.-5 p.m.; Thursday, from 1-5 p.m.; and Friday, from 9 a.m.-4 p.m. The office is closed for lunch, from noon-1 p.m., as well as for all Federal and U.S. Forces Korea holidays.