AGENCY: U.S. Army Community and Family Support Center, DoD. soldiers' repeated failure to meet the requirements of this regulation that. The U.S. Army Family Advocacy Program (FAP) helps Soldiers and Families recognize and meet the unique challenges of military lifestyles. Our services include. But if that wasn't enough, there are also military dating sites. the interface is more friendly and the likelihood of meeting someone is much higher. at home with my family, where we all got drunk and played a full game of Monopoly. . The United States has said its decision to withdraw all U.S. troops.
If a soldier denies he or she has a financial obligation to support a spouse or children for any reason, the soldier's commander will- i Inquire into the matter. If there is no support obligation, BAQ at the "with dependents" rate should be stopped. A Canceled personal checks.
B Leave and earnings statements showing allotments. C Postal or money order receipts accompanied by a sworn statement from the soldier that the order was sent to the family member. If possible, evidence that the postal or money order was cashed by the complaining party should be provided. D Other acceptable evidence of payment. Examples of support provided in kind include- i Rent. If an immediate lump sum payment is impractical, soldiers are expected to work out arrangements with the court or the affected family members to pay arrearages on a scheduled basis.
If arrangements can not be worked out, commanders will intervene and order payment of arrearages on a scheduled basis based on the soldier's ability to pay.
A soldier died before meeting his baby, so his Army family welcomed her with open arms
C Contempt of court proceedings. D Recoupment of BAQ received by the soldier. However, a soldier cannot be ordered to pay such an amount. Nevertheless, administrative or punitive action may be taken on a violation of this regulation for any month in which the soldier failed to provide the required financial support even if the amount in arrears eventually is paid.
Also, failure to provide required financial support in the past may be considered, together with other factors, in a commander's determination of the amount of additional support that may be ordered. However, a soldier should provide additional support within his or her ability to meet the basic financial needs of family member when the interim support requirements of this regulation are shown to be inadequate.
This includes those provisions dealing with child custody, visitation rights, property division, and marital property awards. The complainant should be referred to the immediate commander of the soldier concerned. The IG also may assist if the responsible commander has failed to respond in a satisfactory manner or as required by this regulation.
See ARpara USACFSC normally will go through command channels to the immediate commander of the soldier concerned requesting that action be taken under this regulation. He or she will do the following if the information is incomplete: Documentation that is, court orders, birth certificates, marriage certificates, etc.
Information obtained from a system of records ordinarily will not be released outside DOD without the soldier's consent. C The right to counsel under the Fifth Amendment. A The Army's policies regarding support of family members and compliance with court orders.
B That refusal to give required support per this regulation may result in administrative or punitive action. C That a soldier is not entitled to BAQ at the "with dependents" rate when no part of the allowance is given to family members.A soldier died before meeting his baby, so his Army family welcomed her with open arms
Therefore, collection action may be initiated by the Army. For example, explain that the amount garnisheed monthly might significantly exceed monthly support obligations previously agreed upon.
Immediately send the court documents to the Commander, U. Also, inform the soldier that if the document is in proper legal form, a portion of the soldier's pay and allowances, will be garnisheed.
The allotment should be for the mutually agreed amount, court order, or as computed under this regulation. An account may be set up in a financial institution by the recipient to receive the allotment. This action may preclude delays in receipt and other related problems in the future. Also, advise the soldier to let the commander know if there is a change or stoppage to the support allotment. However, the commander should ensure that this is not used as a delaying tactic. Where appropriate, a support payment plan should be initiated without delay.
Also, advise the soldier to ensure an amount of support is included in the court order for their children. This action may help to prevent future disputes. Give the soldier the chance to furnish a voluntary signed statement admitting or denying the complaint and stating his or her intentions.
Advise the complainant of the soldier's reporting date and the unit address to which correspondence should be sent. If proper, give the complainant a copy of DA Form R. These agencies can give timely, interim help to meet immediate needs pending a more permanent resolution of the problem. Also, point out actions taken or contemplated to correct instances of nonsupport of family members or violations of child custody court orders.
These procedures apply to claims made in the continental United States and in foreign countries. They apply to claims made by the claimant or on behalf of the claimant by attorneys, court officials, and others. Commanders will ensure that soldiers are advised of their legal rights and will advise soldiers of their moral and legal obligations in the matter. Soldiers admitting paternity will be urged to provide the necessary financial support to the child.
Also, they will take any other action proper under the circumstances. Before questioning, advise the soldier of his right to remain silent under article, 31, UCMJ, and his right to counsel under the Fifth Amendment. Information obtained from a system of records normally will not be released outside DOD without the soldier's consent. D Contempt of court proceedings. Give the soldier the chance to furnish a voluntarily signed agreement admitting or denying the claim, and stating his intentions.
C Admits paternity, but refuses to provide financial support. The court order must identify the soldier in question as the father of the child. Also, the court order must direct that the soldier provide financial support to the child. A birth certificate may be required.
See ARparafor dependency criteria for ID cards. However, the leave may be delayed if it will interfere with military requirements. Travel in connection with leave including travel to and from overseas commands is the responsibility of the soldier.
Travel will be at no expense to the Government. If a court order of paternity and support has been issued, the commander will- 1 Advise the soldier of the policy regarding support of family members. Also, point out actions taken or contemplated to correct instances of nonsupport of family members. This chapter does not apply to those situations where a soldier is trying to adopt a child. It applies to those situations where another person is trying to adopt a legitimate or illegitimate child of a soldier.
A child born in or out of wedlock normally may not be put up for adoption without the consent of the parents. Therefore, communications from a judge or court asking that a soldier appear at an adoption hearing must be answered. The commander will provide the soldier's new military address to the court or judge.
The commander then will send a copy of the inquiry to the soldier's new commander and advise the court or judge of this action. The child must first be legally acknowledged by the father. Marriage to the mother may be required in order for the child to acquire U. The father also must establish that he had at least 10 years of physical presence in the United States prior to the child's birth.
Five of those years must have been spent in the United States after the father's 14th birthday. United States military service counts as physical presence in the United States. Whether the child gains the citizenship of its mother depends entirely upon the laws of the nation in which she is a citizen. Citizen father gains U. The child will gain the citizenship of the father only if the laws of the nation of which the father is a citizen so provide.
Each case is decided on its own merits. Documents that may be important in supporting a citizenship determination are listed below: This may consist of any of the following: C A certificate of citizenship.
D A certificate of naturalization. E A valid U. F A certified copy of an approved U. At the request of the examining officer. The case file should be taken to the nearest American Embassy, Consulate General, or Consulate in the country where he and his child live. If the father is not present in the country where the child lives, he will do one of the following- i Take the necessary documents to the nearest American Embassy, Consulate General, or Consulate.
That office, in conjunction with the American Consul abroad, will decide if the child is a U. This form can be obtained from the INS. See AR , para When the correspondence cannot be delivered through military channels, it will be sent to the last known mailing address of the person by certified mail PS Form Return Receipt, Registered, Insured and Certified Mail.
These personnel usually are in a civilian status and are not subject to military discipline. Therefore, the matter has been left to the person's discretion. Nonsupport complaints or paternity claims against persons who have been discharged from the Service will he sent to RCPAC.
These persons do not hold any military status whatsoever. Commander, RCPAC will return the correspondence and all accompanying documentation and advise the complainant or claimant- 1 That the person is no longer a member of the Army or the Reserve Components. Therefore, the Army can take no further action in the matter. Nonactive duty and discharged personnel's mailing addresses will not be disclosed except for one of the following reasons: This is so even if a divorce decree or court order is silent on support or releases the soldier from the responsibility of supporting the family.
Normally, a soldier is not entitled to BAQ on behalf of a former spouse or stepchildren after the divorce. BAQ at the "with dependents" rate is not authorized when the soldier or the supported family is residing in Government family quarters.
Also, if two soldier member-parents are supporting the same child, only one soldier member is entitled to BAQ at the "with dependents" rate. BAQ at the "with dependents" rate is not payable to soldier who are not supporting their families. Cases involving alleged failure or refusal of soldiers to pay at least the difference between BAQ at the with- and without-dependents rate for the support of family members will be referred to the proper FAO after investigation.
A soldier died before meeting his baby, so his Army family welcomed her with open arms - CNN
Forfeiture of the "with dependents" portion of BAQ does not relieve the soldier of the obligation to support family members as set up in this regulation. Except as provided in this regulation, BAQ entitlements have no relationship to Army minimum support requirements. It includes foreign court orders when- i Required by treaty or international agreement.
A soldier is subject to garnishment for child support issued by the FRG only while physically stationed in Germany. Applicable State laws govern legal procedures to be used by complainants. Jurisdictional or procedural challenges to garnishment actions remain the responsibility of individual members. B Special pay including enlistment and reenlistment bonuses. D Inactive duty training pay. E Academy officials pay except personal money allowances. F Accrued leave payments basic pay portion only.
G Retired and retainer pay. H Lump-sum Reserve bonus. I Separation payments readjustment pay and severance pay. A Federal income tax withholding. B State income tax withholding. C Servicemen's Group Life Insurance.
Military Family Support Organizations
F Survivor Benefit Plan. H Indebtedness to the United States and delinquent Federal taxes.
- Final Rule: U.S. Army Family Support, Child Custody, and Paternity
I Fines and forfeitures ordered by a court-martial or commander. Unless the order is contrary to Federal law or the laws of the jurisdiction from which it was issued, the soldier's pay will be garnished per the court order.
The documents must expressly state they pertain to child support or alimony. Also, the name and social security number SSN of the soldier must be included. The submission of a divorce decree or support order alone is not enough, as a garnishment order is required. Also, it must list the name and address of the person to whom the allotment is payable. The amount of the allotment will be the amount needed to comply with the support order.
The allotment may include arrearages as well as amounts for current support if provided for in the support order. A copy of this must be included with the notice. If proper, a statement must be included that the support allotment qualifies for the additional 5 percent in excess of the maximum percentage limitations.
These limitations are prescribed in 15 U. You can do both online through Military OneSource. Also, you can ask for free educational materials in many subject areas. Booklets, CDs, or articles will be sent free of charge if you want information on such things as buying your first car, relationship issues, or many other topics.
National Military Family Association www. Not only do we support military families — we are military families. Spouses, parents, and family members make up our staff and board positions.
We speak up on behalf of military families and empower husbands, wives, and children to understand and access their benefits. Based on what we hear from our members, we meet the needs of service members and their families with insightful recommendations, innovative programs, and grassroots efforts to better the quality of life for military families.
Through generous, widespread public support and a collaborative team of exceptional staff and volunteers, we aspire to become the provider of choice for emergency financial and other assistance to the families of our service members and wounded warriors.
Where there is a need we do not provide, we will partner with others for the benefit of our military families. Emergency financial assistance is in the form of checks paid directly to mortgage lenders, auto mechanics, contractors, hospitals, doctors, dentists and other providers.