FORT SILL, Okla. -- Few things in life are black and white, but the Army's policy on family support is not a gray area.
Soldiers are expected to provide adequate and continuous support for their family members even when the Soldier and spouse are separated. Army Regulation 608-99 explains the Army's policy regarding family support.
In the absence of a court order or other agreement, Soldiers must pay a set minimum amount of support to their family members after they physically separate. Under Army Regulation 608-99, Soldiers must provide support in an amount equal to their Non-Locality Basic Allowance for Housing entitlements at the with dependents rate (BAH RC/T-WITH). Soldiers are obligated to pay family support at the BAH RC/T-WITH rate even if they don't receive BAH. Additionally, Soldiers are required to pay support at the BAH-RC/T rate even if that amount is more than the Soldier receives in BAH.
But don't forget what the rule actually says. The regulatory support amount (BAH RC/T-WITH) only applies if there is no court order or other agreement. If the Soldier and spouse can agree on an appropriate amount of support, then that is the amount the Soldier will pay. However, if the Soldier and spouse cannot agree on an amount or they simply fail to address the subject, then the Army regulation is clear - the Soldier must provide support upon physical separation.
The rules are different when both spouses are on active duty. If the Soldier's spouse is also an active duty military member, the Soldier is not required to provide financial support payments on behalf of that spouse, unless a written support agreement or court order so provides. However, if the couple has children, support payments for the children must be provided to the custodian, but at a different rate.
Under limited circumstances a Soldier may be released from the support requirements of Army Regulation 608-99. These exceptions are narrow and require high level command approval.
Soldiers should become familiar with Army Regulation 608-99. Commanders may take disciplinary action against a Soldier if the Soldier fails to comply with this lawful, general regulation. Advice about the applicability of AR 608-99 in a specific situation may be obtained from an attorney with the Fort Sill Legal Assistance Office at the Welcome Center, fourth Floor, Mondays through Wednesdays and Fridays from 9 a.m. to 4 p.m. and Thursdays from 1-4 p.m. For more information, call 580-442-5058.
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