The Need for Uniformity in Nonsupport Regulations of the Uniformed Services

• Author: by Major Charles W. Hemingway
• Pages: 06

I. INTRODUCTION

At present, the Army. Navy. Marine Carps. Air Force. and Coast Guard each have different regulatory requirements for circumstances where an active duty spouse is required to provide monetary support for a spouse, ex-spouse. or dependent child Thesedifferences have always been troublesome for a military attorney, particu. iarly the attorney of one Service whore client is the spouse af dependent child of a service member who belongs toanother service.

It is the purpose of this article to demonstrate that, in light of recent legislative enactments implementing the requirement for involuntary allotments where a service member fails to support his or her dependents as required. there is no longer any basis or justifi. cation for a system under which thesame fact situation mightgenerate five different outcomes based on branch of service.

It is the position af this article that a11 the uniformed services should adopt a substantially similar nonsupport regulation. This position is best demonstrated by the following hypothetical fact situation:

Joe Jones is an E-6 with more than ten years active duty ~n one of the uniformed services of this country and is three months into an unaccompanied tour outside the continental United States. When he left behind his wife and two young children, he prornmed to initiate an allotment for their support BS soon as he got settled

Mrs. Jones has heard from her husband only once, when he called to tell her that he was experiencing "hassles" with the pay system, and he would send her some money as soon as he could. That was several neeks ago, and she has received nothing.

*Judge Advocate Genera?? Corps, United States Army Currently assigned a~

Instructor Legal Amirance Branch. Administrative and Civil La* Division The Judge Advocate General's Sehwl, U S Army, Charlorteii.ille Vxglnls, 1988 to p'ea-enr Formoil) assigned ab Pair Judge Advocate. Pine Bluff lrbenal Arkansas, 1979-82. Trial Counsel. Chief of Legal Assistance. Office af the Staff Judge Advocate Fort Sill Oklahoma. 1977-79 Completed 3181 Judge Advocate Offieer Graduate Course 1982-83 64th Judge Advocate Officer Basic Course 1977: Infantrr Offieer Bable Course 1971. Author of In Drjensi ojlai~yrrs

07 The Fiisi Thing We Do Lrfi K111 Ail Who Quote Shakespeare Oul of Conlert The Army Laujer Dec 1988 at 4 Member of the bar of the stare af Arkansas.

Out of desperation. she consults you. the legal assistance officer at a nearby military installation. Dependingupon which branch ofthe uniformed services to which Jones belongs, this is what you would tell her about her support entitlement:

Air Force "Mrs. Jones, the Air Force has no establishment guidelines on minimum amount of mpport. Each Air Force member is expected to provide support to his UP her dependents in an amount bearing a reasonable relation to your needs, the needs of your child-ren. and the ability af your husband to provide. If the two of you cannot reach an agreement on what constitutes a reasonable smount. it will be necessary far you to secure a court order specifying a set amount of support.":

Cuad Gunrd Arrriy. "hlrs. Jones. it would be adxisable for you to have a court order which sets a specified amount of support for you ur children. In the absence of such an order, however, it is Coast Guard policy that your husband should proride you with mum amount of support which IS equal to his basic allowance for quarters (BAQ) entitlement at the"withdependen1s" rate. In this case. based on your husband's grade. the monthly BAQ is S303.30."2

.Mnrine Corps. "hlrs. Jones. as you have two minor children to support and you remain lawfully married although geographically separated from your husband, it IS Marine Corps policy that your husband should provide you with a minimum amount of support which is equal to your husband's BAQ at the"with dependents"rate, plus thirty percent of sour husband's basic pay. As he is an E-6 with more than ten years service, your total manthll- entitlement is S631.11

.Yauy: "Mrs. Jones, as you remain laafully married and you have two minor children to support, it is Savy policy that as a minimum you are entitled to receive as support from your husband an amount equal to three-fifths of your husband's gross pay. Gnen his years in

S Dep I of Air Force Reg So 35.18 Finaneta1 Reipansibility oars 3 I1 Juli 107-/

I I

19831 USIFORYITY I S KOKSUPPORT REGULATIONS

service and his pay grade. your monthly entitlement is therefore $834.66"'

Thus. if Mrs. Jones is married to an Air Farce service member, she faces a regulation which is vague and general in its supportrequirements and which could result in her receiving no support whatsoever unless she can afford to pay far a lawyer, yet the Navy can bring pressure to bear upon the husband of a Mrs. Jones in that service for...