313 56 Family Support Obligations A. References • US. Dept of Army, Reg. 608-99, Family Support, Child Custody, and Paternity (29 Oct. 2003). B. Applicability • All members of the Active Army, including cadets at the US. Military Academy All members of the US. Army Reserve on active duty pursuant to orders for thirty days or more. This includes Active Guard/Reserve Soldiers (AGR). • All members of the Army National Guard of the United States on active duty for thirty days or more Members of the Army National Guard on active duty for thirty days or more pursuant to orders under Title 32, United States Code, except for the punitive provision Soldiers receiving full or partial pay and allowances while confined at the US. Disciplinary Barracks or other confinement facilities. C. Command Driven Program • The enforcement authority is the military commander The commander must become involved when the parties are unable to agree on a proper method to provide financial support to the family members. The commander’s obligation does notarise 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. AR 608-99, para. b The commander can take punitive action under the UCMJ as well as adverse administrative action against a Soldier for failing to comply with certain obligations imposed by the regulation. AR 608-99, para. 1-6. D. Interim Support Only (AR 608-99, para. 2-6.) • Where No Court Order Or Support Agreement Exists, The Army Uses BAH II (RC/T) to Determine The Amount Of The Interim Support Obligation. NOTE: A Soldier’s actual receipt of BAH is not a prerequisite to the obligation to pay interim support to family members. AR 608-99, para. 1-7b. • Army Regulation 608-99 creates an interim support requirement that applies ONLY when the parties do not have a court order or an agreement concerning support.
