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G. Determining the Amount of Support Due
The amount of support due comes directly from the BAH RC/T chart provided by DFAS. You may find the chart for the current year at http://www.dfas.mil. The table is linked to on the front page in PDF form as part of the overall military pay table. The Service member normally owes the With Dependent rate based on the Service member’s rank regardless of location.
Special circumstances apply for dual military couples or if family members (dependents) reside indifferent locations from each other. Consult your legal advisor in these cases and refer to AR 608-99, Appendix B.
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57
Consumer Protection Law
A. Debt and Debt Collectors
1. Basics
While Soldiers are required to manage their personal affairs satisfactorily and pay their debts promptly, the Army has no legal authority to force Soldiers to pay their debts. Inmost cases, the Army cannot divert any part of a Soldier’s pay even though payment of the debt was decreed by a civil court. Only civil authorities can enforce payment of private debts.
Consumer law problems take valuable time and energy from Soldiers and their supervisors. Many consumer law issues can be avoided with proper training. Commanders should consider incorporating training on consumer law as part of their training regimen.
Commanders must not try to judge or settle disputed debts, or admit or deny whether claims are valid. The Army will not tell claimants whether any adverse action has been taken against a Soldier as a result of a claim.
It is a Soldier’s option on how he or she pays a debt. Soldiers cannot be forced or encouraged to pay a debt with an allotment.
Army Regulation 600-15, Indebtedness of Military Personnel, 19 March 1986, was rescinded on 9 January 2013. This is the regulation that some creditors used to obtain command assistance in debt processing. There is no longer any regulatory mechanism fora creditor to use to obtain command assistance in enforcing a debt. Debt collectors, which are companies whose principal purpose is to collect debts, or who regularly collects debts owed to someone else, have never been entitled to command assistance.
When a Soldier defaults on a debt, the creditor or debt collector may attempt to contact you to obtain your assistance in collecting the debt. Again, creditors and debt collectors are not entitled to command assistance with debt processing. In fact, debt collectors who contact commanders are likely violating the Fair Debt Collection Practices Act (FDCPA).
Commanders who believe that a Soldier should be punished pursuant to Article 133,
UCMJ, or Article 134, UCMJ, for dishonorably failing to pay a debt should consult with their legal advisor prior to taking action. This is a legally complex offense with multiple elements that are not present or provable in many cases. Additionally, formally punishing a Service member with debt issues may only serve to exacerbate the issues present. Financial and other appropriate counseling services are often the first proper step.

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