Every person has an inherent natural and moral, as well as a legal obligation, to support his or her legal family members.“ MILPERSMAN 1754-030
Like the other branches, the Navy has a clear regulation requiring Sailors support their families. MILPERSMAN 1754-030 sets forth the obligations for family support. When there is not a written agreement or court order, this regulation defines how much support Sailors must provide to their dependents so family members never go without.
If you or your spouse isn't in the Navy, check out our articles on the
If you already have a court order you need help understanding what the military will do to enforce it, read our article on enforcing court orders through the military.
Amount of Obligation
When sailors don't have court orders or a mutual agreement for support, the Navy has created a chart to use as a guide until as agreement is reached or a court order obtained. This is intended only as an interim measure.
The Navy calls this chart a "guide", so the appropriate level of support could potentially be more or less depending on factors that affect the ability to provide support. The Navy is clear that support should be "about" this amount. The Navy does not provide factors to consider in determining whether you should pay more or less than this amount, but factors you may want to consider are:
Is the spouse employed? If so, what is the income discrepancy?
Does the Sailor have dependents from another relationship to support?
Is custody split?
Is the family staying in government quarters?
Support under this regulation is intended to be temporary. The purpose is to provide a guideline or Sailors and spouses to use when they cannot wait for a decision form the civil courts or a mutual agreement.
The indication of three-fifths gross pay for a spouse and two or more children is applicable only when the family members are in the same household.
If a Service member has a spouse and four or more children, the Navy states that the Sailor "should be advised of his or her moral obligation to contribute more than three-fifths of his or her gross pay."
Unlike other branches, the Navy does not comment on the impact of children from other relationships or split custody situations. It is likely that these would be factors which would reduce the amount of support the Sailor would be required to provide, perhaps substantially. If Sailors plan to significantly deviate from the above chart, they may want to consult their command or JAG so that if their spouse complains later they have "support" for their decision.
What is Gross Pay?
Gross pay includes basic pay and any basic allowance for housing (BAH) or overseas housing allowance (OHA) to which the Service member is entitled, but does not include hazardous duty pay, sea or foreign duty pay, incentive pay, or basic allowance for subsistence (BAS).
In the case of OHA, the command may take into consideration high housing costs that are directly reimbursed but create an inequitable ratio and adjust the amount equal to what BAH would be where the receiving party lives to use that amount as part of the gross pay to make the calculation above.
How can the support be paid?
The Navy regulation is silent on how to make payments, but it is best practice to pay in a way that is traceable. This means check, money order, or a money transfer. Ideally Sailors should write on the memo section that it is for dependent support, child support, or spousal support (as applicable) and what month it’s for.
Example:
“Dependent support for May 2021”.
It's a good idea to keep a log of payments if your bank doesn’t do it for you. If you get a receipt, keep it. You should never pay in cash. It's hard to prove you paid cash later on if you get accused of not paying.
When should payments be made?
The Navy reg is again silent on when to start or stop payments and when to pay. It's a good idea to start paying within a month of a spouse leaving and agree to a monthly schedule with your spouse. You will want to pay on the same day every month. This way there won't be any question about whether or not is being properly paid should your Commander ask.
Waiver of Obligation
If a sailor wants to completely have spousal support waived, they must apply to the Director, Dependency Claims, Navy Military Pay Operations, at DFAS. Only the Director may grant a waiver. Pursuant to para. 5.b, the grounds for a waiver are:
Desertion without cause,
Physical abuse, or
Infidelity by the spouse.
A request must include a complete statement of the facts, including substantiating evidence and comments or recommendation of the commanding officer (CO). Substantiating evidence may consist of the following:
An affidavit of the Service member, relative, disinterested person, public official, or law enforcement officer. Affidavits of the Service member and relatives should be supported by corroborative evidence. All affidavits must be based upon personal knowledge of the facts. Statements of hearsay, opinion, and conclusion are not acceptable as evidence;
Written admissions by the spouse contained in letters written by him or her to the Service member or other persons;
Waiver requests submitted on grounds of physical abuse must be corroborated by evidence including the following types: medical reports; police reports; and statements from witnesses, chaplains, counselors, or social workers.
Send your request to:
Defense Finance and Accounting Service
Cleveland Center Code PMMACB
1240 East Ninth Street
Cleveland, OH 44199
Enforcement of Support Obligation
The Navy will not act as a haven for personnel who disregard or evade obligations to their legal family members.” MILPERSMAN 1754-030, Chapter 15, Support of Family Members, Para. 1.
“All members shall provide adequate and continuous support for their lawful family members and comply fully with the provisions of separation agreements and court orders. Any failure to do so which brings discredit upon the Naval Service may be cause for disciplinary and administrative action, which may include the initiation of court-martial proceedings, and may ultimately lead to separation from the Naval Service.” MILPERSMAN 1754-030, para. 1.
Upon receiving an allegation of non-support, the member’s commander is required to ensure the member is interviewed and advised of the support obligation. If the allegation is against an officer, the officer is required to submit a statement breaking out the support paid for the preceding 12 months and provide a plan to ensure future support is paid. Failure to provide required support could be grounds for administrative action, discipline under the UCMJ, a denial of reenlistment or an extension of enlistment, and/or a negative fitness and evaluation report.
While there is no explicit guideline, spouses who do not receive support for more than thirty days should reach out to the command. Spouses are not entitled to know what action the command took, if any, against the sailor. However, if after another thirty days you still have not received support, reach out again!
Have more questions? Reach out!
Want to stay updated on our latest articles? Subscribe and become a site member, it's free! We'll email you when new articles come out! You can also...
