Army Divorce: Calculating Spousal / Child Support After Separation
Army Divorce: Calculating Army Spousal / Child Support After Separation
Army Regulation 608-99 Provides for Support After Separation But Before a Temporary Order or Final Decree of Divorce
In Columbus, Georgia, one of the most frequently asked questions Army Divorce Lawyer Mark Jones gets from clients and potential military clients is: how much do I have to pay my spouse while going through the divorce?
The answer to the question is: it depends. The question involves Army Regulation 608-99. How much you pay pursuant to Army Regulation 608-99 depends on your rank, primarily. In Georgia, it also depends on whether or not a temporary order has been entered in your case pursuant to Uniform Superior Court Rule 24.2.
(1) Military Spousal/Child Support During Separation Depends on the Non-Locality Rates for Basic Housing Allowance (BAH)
As far as Lawyer Mark Jones can tell, the army sets temporary spousal support under Army Regulation 608-99 based on the non-locality rates. Generally speaking, a soldier has an absolute duty under Army Regulation 608-99 to support his dependents, meaning his spouse (no matter what she’s done) and his children. This is per the Army.
The question then becomes, if a soldier has a duty to support his dependents under Army regulations, how much do they pay? Under Army Regulation 608-99, the focus is on the soldier’s basic allowance for housing (BAH), and the non-locality rates.
Use the non-locality rates chart based on your rank to determine what your support rate will be for your spouse. Some money will be left over for you based on the BAH rates for where you are stationed.
(2) A Court Order Will Trump the Non-locality Rates
So, we have established that the non-locality rates determine your spousal/child support rate while you have no court order in place concerning your divorce. That is, during the separation period, prior to the entry of a temporary or final order, you will pay spousal/child support based on the non-locality rates set by the Army for that year.
But, the Army would much rather follow a Court order on spousal/child support than the “one size fits all” regulation it promulgated under Rule 608-99. Thus, if the family court sets a child support and/or alimony rate at less than the non-locality rate, then the Army will follow that spousal support rate under its own regulation.
A soldier must support his/her spouse under Army Regulation 608-99. The Army spousal/child support rates are based on the non-locality rates set by the army each year. Until a temporary order or final decree of divorce are entered, a soldier has a duty to support his/her spouse under Army Regulation 608-99.
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