Interim Family Support
Under the Military Regulations
All branches of the military have guidelines that require a service member to provide financial support for his or her family members until such time as a court order or a written support agreement is established.
A family member or a lawyer for a family member who is not receiving interim financial support can request assistance from the service member’s command.
The amount of interim support likely will be less than the amount awarded by a Florida court or negotiated as part of a support agreement and is typically based on fixed written guidelines that are tied to the number of dependent family members.
For instance, under Army Regulation 608-99, the amount of interim financial support is limited to the amount of a soldier’s BAH RC/T at the with-dependents rate, and is not payable at all if the family member is living in government family housing.
The Marine Corps requirement for dependent support is the greater of a fixed dollar amount or a pro-rated share of BAH or OHA (Overseas Housing Allowance) adjusted for the number of dependents. The maximum amount cannot exceed one-third of the Marine’s gross military pay per month.
The Navy requires its members to pay a flat percentage of gross pay to family members, ranging between one-third and three-fifths, based on the number of dependents.
The Coast Guard guidelines call for payment of BAH DIFF plus a percentage of basic pay determined by the number of dependents.
The Air Force, unlike its sister services, does not provide specific quantities of support owing to family members. Instead, Air Force policy regarding support provides that each Air Force member is expected to “provide adequate financial support to family members.”
A Florida attorney who is experienced in military divorces can help address these interim support issues pending a formal support determination from the Florida court or the establishment of a written support agreement.
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Support issues can be confusing and challenging in military divorce cases. Sometimes, it is difficult or impossible to effectuate service of process in military divorce cases. In others, the court cannot hold a hearing due to the servicemember's deployment or unavailability. We can help you make sense of your rights when the situation might otherwise appear out of your control.
Please continue reading to learn more about us. If you or someone you care about is facing a military divorce or family law case, we can help. Please do not hesitate to call us today at (813) 251-6222 or contact us online.