Misc Pub 27-8 Legal Handbook Commander’s 2019


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CommandersLegalHandbook
ArmyDemLogProgramBriefing-Jan17
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• This interim amount is not intended to provide adequate support in all cases, and should not be used as a guideline for civilian agencies or courts in establishing support requirements The purpose of interim support is to provide some family support while the parties seek an agreement or settlement by a court. AR 608-99, para. d When the Interim Requirement is not enough (or excessive. Family members or Soldiers who believe the interim amount is deficient or excessive must obtain a court order or enter an agreement between themselves to eliminate command involvement in the Soldiers support obligation. Battalion Commanders and Special Court Martial Convening Authorities only have authority to release Soldiers from support requirements in specific, fact-dependent situations. Two such instances maybe when (1) when a Soldier’s spouse earns more than the Soldier and (2) when support has been paid for 18 months. Consult your legal advisor. AR 608-99, paras. 2-14 and 2-15.
E. Family Members
Family members, for purposes of AR 608-99, only include A Soldier’s present spouse A Soldier’s minor children from the present marriage A Soldier’s children by any former marriage if the Soldier has a current obligation to provide support to that child (includes adopted children, but not children adopted by another person Minor children born out of wedlock to- a female Soldier- a male Soldier, if evidenced by a court order, or the functional equivalent of a court order, identifying the Soldier as the father, or if the Soldier is providing support to the child under the terms of the regulation Any other person the Soldier is obligated to support by applicable state law (e.g., parent, stepchild).
F. Arrearages
• Soldiers cannot fall into arrears without violating AR 608-99.
• Collection of arrearages through court procedures is only possible for violations of a court order or a written support agreement No legal means to collect arrearages based on failure to pay interim support Army policy is to encourage - but not order - payment of arrearages regarding interim support Punishment for failure to pay interim support is based on failure to pay support when due, not for failure to pay arrearages.

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