Military Family Support
5. How does the military administer the child support laws on their servicemembers?
Child support problems are not as pronounced in the military as in the civilian world. Under Article 133 of the Uniform Code of Military Justice, it is a criminal offense for an officer to engage in conduct unbecoming of an officer and a gentleman. For enlisted personnel and officers, Article 134 makes it a crime for any member of the armed forces to dishonorably fail to pay a just debt that has become due and payable, provided that the individual’s actions were to the detriment of the armed forced or were such as to bring discredit upon the armed forces.
The military default rate in cases involving support orders is one-half that of the nationwide default rate in similar case. The military success in this area is primarily due to the fact that the military society is much more disciplined than the civilian community. There are rules governing a military members conduct, including requirements to pay just debts or face criminal prosecution. These rules virtually guarantee that servicemembers will comply with child support orders, unless they are willing to fact adverse administrative or criminal actions. This unique combination of the authority that permits the employer (the military services) to take adverse administrative and criminal sanctions against its employees (military members), makes the enforcement of child support orders far less problematic within the military community as compared to the civilian community.
Each branch of the military has their own individual regulations that require its servicemembers to pay support to their family members after any separation. If there is a court order or an agreement in effect then they take priority over any of the military regulations. The military regulations are only stopgap measures, and they focus on the particular circumstances of each case. These circumstances include issues such as “fault,†income levels, and/or number of children.
It can’t be over emphasized that the servicemember or the civilian spouse is almost always better off to file a support action in the local county court, instead of seeking support through the military chain of command. The military is adept at protecting the United States and in fighting terrorism. The family courts are experts at determining a fair child support award and enforcing it.
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