FORT IRWIN, Calif. — Soldiers are responsible for managing their personal family affairs in a manner consistent with the Army’s core values.  In an effort to ensure each soldier fulfills his or her responsibilities, the Army published Army Regulation (AR) 608-99 which sets forth the Army’s policy on financial support of family members, paternity, and child custody.

When does 608-99 come into play?

Support under AR 608-99 begins on the date the soldier and dependent separate and goes into effect if there is no oral or written agreement or court order addressing support.  It requires Soldiers to support family members during periods of separation if they do not live in on-post government quarters.  Keep in mind that an oral agreement will only remain in effect until there is a dispute.  Once either party expresses dissatisfaction with the arrangement, the oral agreement will no longer be enforced and support will be paid in accordance with AR 608-99.

What is a Soldier’s obligations under AR 608-99?

This responsibility includes: (1) maintaining reasonable contact with family members so that their financial needs and welfare do not become official matters of concern for the Army; (2) providing adequate financial support to family members; and (3) complying with all court orders.  AR 608-99 provides that a soldier separated from his or her family members will pay, at a minimum, an amount equal to the soldier’s “Basic Allowance for Housing II” at the “with dependents” rate (BAH RC/T), which varies depending on the soldier’s pay grade. If there is a court order or a written agreement between the soldier and the spouse, however, the soldier must pay the amount set forth in the court order or agreement.

What if I don’t receive BAH?

You must still provide financial support at the BAH RC/T rate, which is a standard rate the Army determines regardless of where the Soldier resides.

When is the money due?

Support must be paid on the first of every month for the previous month. The support must also be pro-rated if the soldier is required to pay support for a partial month. For example, if a soldier and their spouse begin living separately in November and the spouse does not reside in government quarters, the soldier must pay to their spouse support for the month of November no later than Dec. 1.

How do I make payments?

Support payments can be made by check, money order, electronic fund transfer, voluntary allotment, involuntary allotment, garnishment, or cash.  However, cash payments are discouraged.  Keep copies of canceled checks and money order receipts to prove that you paid support in case your spouse makes a nonsupport claim to your commander.  Do not pay from a joint bank if it can be avoided.

What is the Enhanced Interim Financial Support (EIFS) requirement?

New in 2020, EIFS is an additional support requirement to families.  It applies to all separated Soldiers, including those with families residing in government housing.  The EIFS amount is 25% of BAH RC/T for the soldier’s pay grade.  These payments must be monetary (no in-kind payment) and paid directly to the family member.  Soldiers paying in cash should be prepared to provide a receipt to show proof of payment.  The EIFS requirement begins the first month when a soldier and family member separate.  For most families, this will be a one-time additional payment.

What if a Soldier fails to comply with AR 608-99, can he/she face punishment?

Personnel subject to the UCMJ who fail to comply with AR 608-99 are subject to punishment under the UCMJ as well as to adverse administrative action and other authorized adverse actions.

When does support end?

You will need to comply with any court orders or financial support agreements for the term specified. Support requirements will also end when another financial support agreement is made, once the marriage is terminated, or the soldier’s commander relieves the soldier of the support obligation.

Have questions?

This article does not represent legal advice.  If you are unsure of your obligations or how to ensure that your soldier is providing you with the required support under AR 608-99, please contact the Legal Assistance Office at 760-380-5321 to arrange for a consultation with a Legal Assistance attorney. We are located at bldg. 230 on C Ave. Our hours are Mondays and Thursdays from 1p.m. — 4p.m.; Tuesdays, Wednesdays and Fridays from 8a.m. -4p.m.