PART 11: FAMILY LAW. Family Support, Child Custody, and Paternity

• Author: by Lieutenant Colonel Aifred F. Arquilla
• Pages: 03

1. INTRODUCTION

   Army Regulation 608-99, Support of Dependents. Paternity Claims. and Related Adoption Proceedings' is no more. In its place is a new regulation, of the same number. entitled "Family Support, Child Custody, and Patemity.l The new regulation, published in the UPDATE system, was effective on 4 November 1985. The new regulation reflects input received from those at Department of the Army IDA) charged with making and imple menting poiicy in these subject areas, as well as from legal assistance officers worldwide tasked with finding solutions to the family law problems covered by the regulation.

   The purpose of this article is to provide background on the new regulation and to explain some of its new provisions. Much of the language of the new AR 608.99 is directed at correcting the problems of ambiguity, vagueness, and unenforceability experi. enced under the old one. The new regulation contains mandatory language on financial support, child custody, and paternity. The "shoulds" have been replaced with "wills," and explicit instruc. tions have been substituted for much of the general guidance contained in the old regulation. There is little room left for interpretation and there is no question a8 to which provisions of the regulation are punitive and enforceable against soldiers.

   *Judge Advocate Generah Corps, U.S Army. Cmntly arsignsd as the Corn. mand Judge Advacate, U.S. Army Commumty and F d y Support Center.Alerandna, Yirsulis. 1985 10 present. Formerly aeslgned as the Staff Judge Advocate. Combined Field Army i&puhhc of KoreaJUnitad Stata3l. Camp Red Cloud, Republic af Korea, 1983-1984: Deputy Staff Judge Advocate, Fort Meade. Manland, 1980.198s B.A.. Univeraify of Illinois. 1968. J.D., DsPad Univsrsdy. 1971: US. Armed Farms Staff Caliege. 1985. Completed 26th Judge Advocate Officer Advanced Course. 1977. Author af A m CourrMotial Jvnrdietion in Karen. The Army Lawyer. Mar. 1985, 81 29. Member of ths hiu of tho State of ILLnois

   Dep't of Army. Reg. KO.

   608-99,

   Support of Depndents, Paternity. and Related

   Adoption Proceedvlg. 115 Aou. 19781 lhereinafter cited as the 1978 Regulanmnl.

   'Dep't af Army. Rag. No 603-98,

   Family Support. CNd Cusrcdy. and Pstermty 14 Nav 19851 Ihereinsfter cited BI AR 608491 lthia regularian is part of the DPDATE sysLemi.

   11. BACKGROUND

   The proponent agency of AR 608.99 is the Office of the Deputy Chief of Staff for Personnel IODCSPER). The U.S.

   Army Commu nity and Family Support Center IUSACFSC), a field operating agency of ODCSPER, wa8 activated on 1 December 1984 and assumed responsibility far the regulation, although ODCSPER retained proponency. The Personal Affairs Branch of USACFSC is responsible for updating and implementing the regulation, as well a8 for providing policy interpretation and guidance on unresolved cases brought to its attention by the fieid.3 The personnel of this branch are the ones who contact a soldier's commander when, for one reason or another, a nonsupport, paternity. or child custody complaint comes to DA's attention.

   Army Regulation 608-99 had been under revision since 1981. Far numerous reasons this project never seemed to get off the ground. Several drafts of a revised regulation were circulated for comment to the Army staff and major commands between 1981 and 1985.' On several occasions the Office of The Judge Advocate General (OTJAG) and The Judge Advocate General's School (TJAGSAI provided recommendations as to content and format. Some of the suggestions were incorporated and athers were not. The final product that was scheduled for publication in February 1985 was not much different or better than the old regulation. The old ambiguity and enforceability problems still remained. AS a result. that revised draft regulation was withdraw and. in the months following, completely rewritten.

   In April 1985, USACFSC eent a messages to the field clarifying

   'Id BI parn 2.11~. The telephone number of the Personal Affair Branch Y AUTOYON 221.8913

   One af the earlier drafts was forwarded to the Army staff wth B rrcommendstian that it serve 88 a bsaia for a uniform DD~Yfor & the services. The draft

   Naw s approach Lo the problem In eseh farmly euppxt situstion, the Amy proposal recommended that the am~unrof support be a c~rfa~n p(mntag8 of

   soldids basic pay. The Amy staff, however. was relwtanf to accept this formula. Based on guidance received from ODCSPER, the Amy decided to =tom the BP~IE Aliawmee for Quaners IBAQ1 81 the wirh-dependents rate as the Army &urnaupporf standard Furthemore, It was decided that the Vanable Houamg AUoranee IVHAI would not be n oart of this standard teause the VHA moml often depended upan che cost of bousvlg prevniling in the location of a aoibsr 8 duly assignment rather than the lmation of the supported f d y member*.

   'Message, CDR USACFSC. DACF-IS. 1614002 Apr 86. subject Army Pohcy Concerning Support Of Dependents I F d y hfembernl m Separation/Divorce Slt"*llOnJ

   19861 FAMILY SUPPORT DA policy on the issue of financial support in multiplefamily situations-that is, situations where a soldier is supporting mare than one set of family members kg.. children from a prior marriage in the former spouse's custody and children and an estranged spouse from a current marriage). This message WBB sent out in response to complaints from legal assistance attorneys that DA guidance as to the amount of support expected in such situations was unclear in the old regulation. Given the frequencywith which multiplesuppart situations are encountered in the field, it was felt that guidance in this important area should not await publication of the new regulation. AS will be discussed, the message directed that each family member receive an amount equal to his or her pro rata share of the Basic Allowance for Quarters entitlement at the "with.dependents" rate V'BAQ~th') for the soldier's grade.8 From all indications, this clarification waswell received by legal assistance attorneys in the field, As a result, this formula for computing the amount of support in multiplefamily situations was incorporated (with one modification) into the new regulation.?

   111. SURVEY OF LEGAL ASSISTANCE OFFICERS

   The Legal Assistance Branch, Administrative and Civil LawDivision, TJAGSA. initiated a survey of dl legal assistance offices throughout the Army to obtain their opinions on the old regulation and their suggestions on ways to improve it. Their responses, which came in while the regulation was being rewrit. ten, highlighted many of the deficiencies in the old regulation that had to be corrected if the new regulation was to be effective.8

   Seventy surveys were returned by the legal assistance attorneyswho responded to the questionnaires sent to their offices.e

   'The pro rata formula by which BAQ wns to bo divided between family msmbers was first propared by the Legal Assistance Office of OTJAG. Mar to fhsmessage being sent. the Personal Affmrr Branch af USACFSC was sdwsing those who mquad from the field Lhal solmers in multqle-family situy~tion~ were

   expeeled to provide m mount equal La the soldier's "BAQ-aith." Na &dance was gmn on how--Or d-tba amaunt WBS to be diwded among each set of familymembers. The message wm sent to provide 8 realistic formuis by which to ma8sum the minim- fmancial support obhgstion to each net of family members.

   Ye AR 608.99. p a n 2.4b. The one mamfieation reduced the mount of suppart to children Of dtary-member parents residing off poE from "BAQ-with' Lo the dffereoce between "BAQ-with' and BAQ at the without dependents rate illBAQ-wilhout''/

   'The author also wahes to achowledgs mput received from p~r80mel of the Administrative and Civil Law Division, TJAGSA.sStatisOcs coktni from a worldwide legal assiitanca report rendered in

   Of these. a majmity- a. Felt the Army should have a regulation covering the support of family members 190%).

   2. Favored the regulation remaining punitive in nature !77%1.

   3. Was dissatisfied with the old regulation as written I73Wl.

   4. Felt that more explicit guidance in the regulation would save time and effort for them and their clients(73%).

   5. Characterized the response of commanders to nonsup-port complaints as poor to fair 153%).

   6. Was satisfied with financial support based on the BAQ standard (56%).

   The new AR 608.99 reflects the results of this survey. The problem of enforcing the regulation was one of the most troublesome areas mentioned by legal assistance attorneys. This. of course, was a problem, not for soldiers, but for family members trying to obtain financial support. Many legal assistance officers complained that commanders, often receiving only one side of the story, tended to side with their soldiers rather than with the family members making complaints against their soldiers. Ambig. uous provisions in the regulation often were interpreted in such a way as to deny financial support to family members, rather than authorize it.1o The input from legal assistance attorneys was

   September 1984 vldmte chat there are approximately 140 full.rune legal assm Lance attorneys vl the Army. bath d t a r y and civllian 4lthough not all legal assistance aftarneys returned the survey form. all maim installalions and offices m all malor commands reaponded. indicating that the samphng was .tsfmmlly sound

   'The new AII 60849 did not entvsly solve this problem Honever. cases y1

   rhieh there is a lack of eppropna~e eommmd response to nonsupport complaints are now more readdy apparent than befare As B result of the greater vissbilry given to this problem. st the time of this ~ ~ f i d e ' i pubIicatian other posaible soluboni ta the nansupport problem were bang formally dmcussed at DA Onerecommendation proposed reinstalvlg something lrke the old 'Claaa Q Allotment" whereby m allowance of a certon amounl af money 1s avlomafically sent directly to B ioldar's spouie each month The mandatory Class Q AUorment was dlscantinued after 1 July 1973 when the Dependent's Asmstance Act of 1950 sxpmd Bda rere mrroduced...