A Military Divorce Guide

Military spouse with children split between parties: No support obligation.

Military spouse with all children: The difference between BAH-II at the with-dependents rate and the without-dependents rate.

In-kind payments do not generally count toward the support obligation, except in very rare situations. In kind payments include paying for food or for lodging. A battalion/squadron commander may relieve the soldier of the spousal support obligation only in very limited circumstances, such as the civilian spouse having a higher income, being in jail, or committing physical abuse against the soldier, or the soldier having already paid support pursuant to AR 608-99 for 18 months. Finally, infidelity or abandonment does NOT constitute grounds for relief from paying the child support.

8. How does the Air Force determine child support and spousal support?

The Air Force Instruction 36-2906, Personal Financial Responsibility requires all airmen to “provide adequate financial support of a spouse or child or any other relative for which the member receives additional allowances for support. Members will also comply with the financial support provisions of a court order or written support agreement.”

Family support includes not only cash payments, but in-kind payments like buying groceries, paying bills, etc. Unlike the other branches, the Air Force does not attempt to define a specific dollar figure for child support and for spousal support. Instead, the Air Force leaves it up to the parties’ to work out an agreement as to the terms of support. The Air Force also encourages the parties to file a complaint for separate maintenance to determine the terms of family support. If a spouse makes a formal complaint of non-support to a commander, the commander cannot define an adequate level of support. Basically, the Air Force does not want to get involved in the family disputes of their Service members. The Air Force takes a “hands off approach,” and they encourage their airmen to resolve their separations and divorces in the local family courts.

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