How much do I have to pay as an E-4?

2018-09-25T13:30:28-04:00

Separated from spouse, we have a child together. I know I'm supposed to give her a set amount per month, can't remember the exact amount (we've agreed on an $600). I'm just curious in case it escalates.
And if an AR could be provided that would be appreciated.

Response by SFC Private RallyPoint Member made Sep 25 at 2018 1:56 PM

2018-09-25T13:56:37-04:00

Look under AR 608-99

Response by SFC Kelly Fuerhoff made Sep 25 at 2018 2:19 PM

2018-09-25T14:19:52-04:00

Are you separated because you're divorcing? Or are you separated because she and the child could not move with you to your duty station? There is a big difference in the two.

Someone else posted the AR - 608-99.
2–1. Obligations to geographically separated family members
a. A soldier is required to provide financial support to family members. This obligation is frequently complicated when the soldier is geographically separated from the family. In the majority of these situations, the soldier and the family can manage the financial support without command involvement. These arrangements may include joint checking accounts or voluntary allotments to the family as appropriate.
b. The commander must become involved when the parties are unable to agree on a proper method to provide financial support to the family members. This obligation does not arise until a family member or an authorized representative of the family member complains to the command that the soldier is failing to provide proper support.
c. Soldiers are expected to keep reasonable contact with family members, as well as with others who have a legitimate need to know their location, to minimize the total number of inquiries to their commanders and other Army officials on financial support, child custody and visitation, paternity, and related matters. Within the parameters of the law, soldiers will, whenever possible, resolve all such matters so that these personal problems do not become official matters of concern for their commanders or other Army officials. When this is not possible, soldiers should promptly
seek legal advice from an attorney providing legal assistance or from a civilian lawyer in private practice.

If you get divorced and child support is set, the Army cannot make you pay more or less than anything court ordered but your check will get garnished for it. If there is no financial support agreement or court order you follow the formula below (and a graphic is in the AR):

2–6. Financial support required in the absence of a financial support agreement or court order
a. Application. This paragraph applies in the absence of a financial support agreement or a court order containing a financial support provision and until such an agreement is signed or such an order is issued. Allegations or even proof of desertion, adultery, or other marital misconduct, or criminal acts on the part of a spouse will not excuse a soldier’s obligation to comply with the provisions of this regulation unless a battalion commander or a SPCMCA has released the soldier under the provisions of paragraphs 2–14b(4) and (5) or 2–15.
b. Pro-rata share. Under this paragraph, when the term "pro-rata share" is used with regard to BAH II–WITH, the amount of each such share of BAH II–WITH is calculated using the equation in figure 2–1.

Go to the AR and down to page 7.

Response by MSG Private RallyPoint Member made Sep 25 at 2018 4:22 PM

2018-09-25T16:22:57-04:00

You will give the BAH. You will be notified how much. As for child support, that will be between you and your spouse.

Response by Patricia Overmeyer made Sep 25 at 2018 4:26 PM

2018-09-25T16:26:02-04:00

If you are separated and this is going to lead to divorce, then you have two options:
1. Until you get a court order, your command will inform you what you will need to provide in family support (child support/spousal maintenance). While most of the time your command will follow the AR requirements, do not think for one nanosecond that the AR is going to be adhered to precisely by command. There are always extenuating circumstances and how much the STBX takes the issue up the chain of command. I've seen it happen and it can get really ugly, really quick. So it's best to get the ducks in a row and head to civilian court.
2. Once you have filed with the civilian court, the court will determine what you will need to provide as far as child support and spousal maintenance once the case is filed in court and there is a court order entered. An Income Wage Withholding Order (IWO) will be filed and sent to DFAS, who will review it and start taking the amount out of your pay on an equal basis (i.e. you have to pay $600.00 per month, so you will see $300.00 go out of each paycheck).
JAG is a great place to start, but only as to what you are required to pay by the military until there is a court order. JAG attorneys are not licensed to practice in civilian courts and are lacking in understanding state family law issues. I see this quite often in my practice, as in "JAG told me that blah, blah, blah." Ok, JAG was wrong about that and every other family law issue I just heard.
You need to get a consultation with a civilian attorney who practices in family law and is knowledgeable in military issues in family law. There is more than just child support and possible spousal maintenance involved in a divorce with children. There is the division of military retirement (which has become much more complicated after the NDAA 2017), the issue of where the child will reside, who will make legal decision regarding the child, how often you will have parenting time with the child, whether or not the state court has provisions for parenting time by your parents or other close relatives when you are deployed, etc. And if you are both living in two different states, then both UIFSA and the UCCJEA will come into play on the issues of child support and legal decision making/parenting time. This is not the time to be consulting a Ouija board.
Yes, IAAL.

Response by MAJ Ken Landgren made Sep 25 at 2018 4:45 PM

2018-09-25T16:45:55-04:00

You need a separation agreement that addresses many issues.

The military generally leaves the method of payment to individual service members. ... If the court then issues a wage garnishment order, the custodial parent can send the order to DFAS, which will then subtract child support payments directly from the service member's pay.

Response by SFC Private RallyPoint Member made Sep 25 at 2018 9:13 PM

2018-09-25T21:13:23-04:00

It is 1/2 of your bah for 1 dependent. 1/3 of your bah for 2 dependents (2/3 total).....basically the total number of people in the family divided up evenly is the outcome....so if you have 3 dependents (total of 4 in family) it would be 1/4 for each....this of course is if a separation agreement is not in place.

Response by SFC Private RallyPoint Member made Sep 26 at 2018 12:07 AM

2018-09-26T00:07:59-04:00

Talk to your SJA, but if she has the child, likely all of your BAH is supposed to go to her. Now, if you have custody, it takes a signed memo from the first O6 in your chain of command to approve you not paying her.

Response by MSgt Michael Smith made Sep 26 at 2018 8:10 AM

2018-09-26T08:10:46-04:00

That's up to a judge dude.

Response by Teresa Badder made Oct 26 at 2018 1:02 PM

2018-10-26T13:02:41-04:00

You need to know how much the kids support cost first

Response by SFC J CRuz made Oct 27 at 2018 12:40 PM

2018-10-27T12:40:49-04:00

I been there and done that, the amount you pay for child support vary from state to state, 15% up to 17.5% does your former spouse work or not that can make the difference between th he amount you will paid her for child support.
To protect your is better that you paid the money to a child support agency always just incase she cry wolf and said you are always late paying her.... or she decided to always take the entire amount out of the bank, because the bank will closed the account for lack of funds and your next payment could be send back to DFAS.

Response by SFC J CRuz made Oct 27 at 2018 1:21 PM

2018-10-27T13:21:33-04:00

This is one of the civilian formulas their use to determine the amount you should pay

http:guides.dss.gov.auchild-support-guide247