Family support is Soldiers' responsibility

Soldiers on post often have questions about legal matters. One regulation that service members frequently have questions about that is regulation 608-99: The Army’s Family Support Regulation.

What is Army regulation 608-99?

The regulation requires Soldiers separated from Family members to provide financial support each month when certain circumstances apply.

Why does the Army have such a regulation?

One, to prohibit the use of a Soldier’s military status or assignment to deny financial support to Family members or to evade court orders on financial support, child custody and visitation, and paternity.

Two, to encourage Soldiers to manage their personal affairs in a manner that does not discredit themselves or the Army.

“The purpose is to ensure that there is some structure in place to help Soldiers understand the Army’s expectations of Family support where there is no agreement or court order in place that addresses those issues,” said Christopher Rydelek, Legal Assistance Chief.

Those who are bound by the regulation are active-duty Army Soldiers, Cadets at the U.S. Military Academy, U.S. Army Reserve members on active duty more than 30 days, Army National Guard members on active duty more than 30 days, ANG on active duty more than 30 days under Title 32 U.S.C and Family members who are command-sponsored residing overseas.

The policies of AR 608-99 are intended solely as an interim measure until a civilian court can get involved with child support or spousal support. Once a Soldier’s Family vacates government Family housing, a Soldier’s obligation to pay support begins.

Dual military couples are not required to pay the other spouse support upon separation.

“It’s important for Soldiers to know if they separate from their spouses that there are standards of support that have to be met,” said Rydelek. “It’s important not only for Soldiers, but for commands to understand what those standards are.”

As far as payments to a spouse, a Soldier is required to pay a pro-rata share of the Non-Locality Basic Allowance for Housing (BAH) Rate based upon his or her rank. For example, in 2011, an E-5 separated from his spouse would be required to pay her $799.20 a month, assuming he had no other dependents.

When a Soldier’s support obligation begins on any day other than the first or last day of the month, the amount of support due is based upon a pro-rata daily share.

Also, a Soldier’s obligation to provide support to Family members is not contingent upon whether the Soldier is entitled to or receiving any form of BAH.
When two Soldier parents are providing support to the same child, only one Soldier may receive the BAH-with dependents rate.

“Some popular misconceptions are if you separate you have to pay your full BAH,” said Rydelek. “That’s not the case.”

A common question in regards to the monthly payment is what type of support counts towards the monthly amount?

A Soldier may comply with the regulation by directly paying non-government housing expenses on behalf of Family members if the family members are residing in non-Government housing.

Non-Government housing expenses include rent, mortgage payment, property taxes on the home and essential utilities like gas, electricity and water.

Non-Government housing expenses do not include telephone bills, cable bills or internet bills.

Credit card payments and car payments will not be counted toward an AR 608-99 obligation unless the supported Family member agrees in writing to allow the Soldier to be credited from such payments.

How is Army Regulation 608-99 enforced?

Until a Family member or their legal representative makes a complaint to a Soldier’s command, it is presumed that the Soldier is in compliance with the regulation.

“Whether you are either the subject of the 608-99 case or not, you’re going to be impacted by it somehow because you’re a leader and if it’s not you directly it’s going to be one of your Soldiers, or a friend or Family member who’s going to be affected by the regulation,” said Rydelek. “So, it benefits everybody to do two things. Read the regulation and if there are any questions that come up in the course of a 608-99 matter they should come to legal assistance because that’s what we do.”