In the event that a servicemember is a “deadbeat†parent, then the civilian spouse seeking support can request assistance from the servicemember’s commander. If the local commander is of no help, then the local JAG office or Inspector General should be contacted. Unfortunately, in the military family support cannot be garnished unless there is a court order. Moreover, a commander has not authority actually divert a servicemember’s pay to the civilain spouse. However, a servicemember who fails to pay support could be punished under Article 92, UCMJ for violation of a lawful general regulation.
It is very tiresome to have to chase down your spouse each and every week for the payment of the child support. The benefits of having child support garnished can’t be overemphasized enough.
I always advise my military divorce clients to obtain a child support through the family court system instead of going through the military chain of command. A valid court order will subject the servicemember to an immediate wage garnishment. Therefore, if you receive a court order for child support then your child support checks can soon be “rolling in.â€
If you are a servicemember, or spouse of a service member, stationed at Fort Earle, McGuire AFB, Fort Dix, Fort Monmouth, contact your legal assistance office for more information. However, if you are thinking of filing for a New Jersey divorce, legal separation or paternity action, you may need an attorney who knows both New Jersey law and military regulations for family support, child support, and maintenance/alimony.
6. What are the military guidelines for child support when there is no child support order?
There are administrative regulations that are adopted by the branches of the military service that state what to do in the absence of a court order or agreement for family support. Each branch of the military service has different rules for the support of the family members. While the Department of Defense (DOD) policy is that servicemembers will not use military service to avoid their family support obligations, each branch of the service implements the DOD policy through it’s owns rules and regulations. There is no set “military allotment†for family support.
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