By Capt. Ben Accinelli
Special to GUIDON

Divorces in the Army community happen, and when couples decide to split up, a requirement to provide support is often put into place.

Army Regulation 608-99 is the regulation governing the interim support a Soldier is required to provide his or her Family members until the divorce is finalized or the parties agree on the terms of their separation.

What follows is a list of common errors that result when a Family splits up and the spouse seeks support from the Soldier.

1.  AR 608-99 only applies when there is no court order or written agreement in place.  If you and your spouse have consensually reached a written separation agreement, that agreement trumps the rules found in AR 608-99.

2.  Under AR 608-99, Soldiers are required to give the BAH RC/T (a set amount based on rank, regardless of their actual BAH) to their dependents. To calculate the support amount owed, divide the BAH RC/T amount by the total number of dependents. If the dependent is living with you or a court order is in place (child support for children from a previous relationship), that order sets the amount of support they receive; other dependants still receive the pro-rated division of BAH RC/T amount.

3.  Soldiers do not owe support to Family members living in government housing or to dual military couples without children. For dual military couples with children, the Soldier having custody of the children gets the BAH-differential rate from the other spouse if they do not live in government quarters.

4.  Payments under AR 608-99 are due by the first of the month following the month of separation. For example, if you are separated for all of January, you must send your separated dependents the proper amount by the Feb. 1. There is no requirement to pre-pay for each month.

5. A Soldier may only receive credit under AR 608-99 for paying the rent, mortgage or essential utilities at the residence in which the separated dependents are living. This means that, absent a written agreement, paying your spouse’s car or cell phone bills does not count towards your support obligations.

6. A written separation agreement or other type of agreement does not dissolve your marriage. Until a court order of dissolution enters, you are still married and adultery is still punishable under the Uniform Code of Military Justice. Similarly, failure to comply with AR 608-99 is also punishable under the UCMJ.

7.  Divorce and separation are contentious issues. If you make cash payments, you fail to generate a paper trail showing how much you have been paying monthly and set yourself up for failure. Pay via check or allotment; that way there can be no dispute over the amount paid.

The provisions of AR 608-99 also contain a few limited exceptions, including “fundamental fairness,” when your spouse makes more income than you; when you are a victim of domestic violence; or when your spouse is incarcerated. Sister services are governed by their own similar support regulations.

For specific inquiries or to find out if an exception applies, consult the Legal Assistance Office or attend the Family law brief at 8:30 a.m. each Monday in Bldg. 315.

(Editor’s note: Accinelli is a legal assistance attorney with the Fort Leonard Wood Staff Judge Adocate office.)