Like all Branches, Marine Corps members are required to provide continuous adequate financial support for their spouses and children. The Corps has a strong preference that their service members have court orders or written agreements establishing their support obligations. If you do not have an order, your local legal assistance office may be of some help getting one established.
If you have a court order that needs enforced, refer to our article on enforcing court orders.
If you or your spouse isn't in the Marine Corps, check out our articles on
If you need to understand how dependent support works in the Marine Corps read on!
What do you do before you have a court order or other written agreement?
The Marine Corps has developed specified support obligations for their service members who do not have a court order. These obligations are covered by Marine Corps Order (MCO) P5800.16A, Marine Corps Manual for Legal Administration, Chapter 15, Section 15001. This section requires that Marines support their dependents through "adequate and continuous" support regardless of a court order or written agreement.
The Manual sets up monthly support standards Marines must follow in the absence of an agreement or court order. The chart below gives two different ways of determining
how much the member must pay. The member will pay the HIGHER of the two numbers.
Step One: Determine the "total number of supported family members" (Column 1).
The "total number of supported family members" includes:
A legal civilian spouse;
Adopted and biological children under the age of 18.
Children born in wedlock are presumed to be biological children.
Children born out of wedlock are not required be supported until paternity is established by a court or a written acknowledgment by the member.
The "total number of supported family members" does NOT include step-children or other DoD recognized dependents. It does include children from prior marriages or relationships whom the member is supporting.
Example 1: Lisa is an active duty Marine married to Tony, a civilian. They have three kids together. Lisa's "total number of supported" family members is four. So, she will use four in column one.
Example 2: Lisa is an active duty marine married to Tony, a civilian. They have one kid together. Tony also has a child from a prior marriage that is Lisa's step-son. Lisa has a daughter from a prior marriage as well. Lisa's "total number of supported" family members is three. She includes her two biological children and her husband as "total number of supported" family members, but not her step-son. So, she will use three in column one.
Step two: Determine how many "requesting family members" there are.
Once you know the "total number of supported" family members, you need to figure out the total number of "requesting family members". This is exactly what it sounds like, the number of the supported family members who now need support.
Example 1: Lisa is an active duty marine married to Tony, a civilian. They have three kids together. Lisa's "total number of supported" family members is four. Tony is caring for all three kids and is requesting support for himself and the kids. The total number of requesting family members is 4.
Example 2: Lisa is an active duty marine married to Tony, a civilian. They have one kid together. Lisa has a daughter from a prior marriage as well. Lisa's "total number of supported" family members is three. Her husband is requesting support for himself and their son, so the total requesting family members is 2.
Step 3: Determine the amount for Columns 2 and 3.
The chart above gives two different ways of determining how much the member must pay. The amount payable is either:
An exact dollar amount (second column) OR
The fraction of the Basic Allowance for Housing (BAH) or Overseas Housing Allowance (OHA) the Marine is receiving.
Note: the number/ fraction is per family member.
A. To determine column 1: Take the amount in the second column and multiply it by the number of requesting family members.
B. To determine column 2: You need to first determine the BAH/OHA amount. To do this, you need to know the rank and location of the Marine. Then go to this website and enter it in to get the amount of money the member is receiving each month for OHA/BAH. Now divide the BAH/OHA amount by the denominator (bottom number) of the fraction from column 3. Now multiply that number by the number of requesting family members.
Once you have determined the number under both columns, the member will pay the HIGHER of the two numbers. Under no circumstances may a marine be required to pay more than 1/3 of his/her gross military pay. Gross military pay is the number before taxes and it includes base pay and all allowances.
Example 1: Lisa is an active duty marine married to Tony, a civilian. They have three kids together. Lisa's "total number of supported" family members is four. Tony is caring for all three kids and is requesting support for himself and the kids. The total number of requesting family members is "4".
Under column 2: Lisa has four "total dependents entitled to support" so she would owe $200 per dependent. There are four "requesting family members", so she would owe $800 ($200 x 4).
Under Column 3: Let's presume Lisa is an E-6 stationed at Quantico. Her BAH at the with dependent rate is $1,869. Each dependent receives 1/5 of the BAH which equals $373.80 ($1,869/5). Since there are four dependents requesting support, we multiple $373.80 by 4 which equals $1,495.20. So, under this column, Tony would receive $1,495.20.
In accordance with section 15002.1, the dependents should be paid the greater amount, so Tony will receive $1,495.20 for himself and the children.
Example 2: Lisa is an active duty marine married to Tony, a civilian. They have one kid together in wedlock. Lisa has a daughter from a prior marriage. Lisa's "total number of supported" family members is three. Her husband is requesting support for himself and their son, so the total requesting family members is 2.
Under column 1: Lisa has 3 "total dependents entitled to support" so she would owe $233 per dependent. There are two "requesting family members", so she would owe $466.
For Column 2: Let's presume again that Lisa is an E-6 stationed at Quantico. Her BAH at the with dependent rate is $1,869. Each dependent receives 1/4 of the BAH which equals $467.25. Since there are two dependents requesting support, we multiple $467.25 by 2 which equals $934.50. So, under this column, Tony would receive $934.50.
Again, in accordance with section 15002.1, the dependents should be paid the greater amount, so Tony will receive $934.50.
When won't a Marine be Required to pay?
Every good rule has some exceptions, here are this ones:
Spousal Support: If there is a court order or agreement between the parties and it is silent, or affirmatively provides for no support obligation upon the member for his spouse, then the spouse is no longer required to be supported. (section 15001.3),
Child Support: If a court order or agreement affirmatively provides no support obligation upon the member for child support then the member is no required to provide support. If the agreement is only silent on child support, the member MUST continue to pay support (Section 15001.4).
There is no support duty between active duty spouses without children. If there are children, the marine must only support the children.
The member's commanding officer (Colonel or higher) may reduce or eliminate the support requirement under the following circumstances ( see section 15005):
The spouse earns more than the marine;
The marine has provided 12 continuous months of interim support per this requirement;
The marine was the victim of physical abuse by the spouse, substantiated by the family advocacy case management team or a court (must still provide for minor children);
The marine is paying regular or recurring obligations (e.g. rent or consumer debts) of the family members of sufficient magnitude and duration to justify relief.
Frequently Asked Questions:
Spouse: How do I get this support to start?
If your marine is not supporting you, you must make a complaint to his commanding officer. The commanding officer will then issue a support order. The commanding officer is supposed to act "within days", but no later than ten days. You can also go to the legal assistance office and ask for them to help you.
2. Marine: Should I wait for a support order before I start paying?
No! You're going to get the order, just do the right thing to start with. If you aren't sure exactly what to do or how much to pay, use the worksheet below, go to the legal assistance office, or speak with a civilian attorney.
3. Marine: How should I pay support?
You should pay your support by check, money order, electronic transfer, or allotment. While you are permitted to pay by cash, it's generally recommended to avoid cash since its hard to prove that you gave support later on. It's better to have something concrete that you can prove you paid in case you are accused of not paying later. Write on the check or money order what month it is for. You can also substitute, with permission of your commanding officer, "in kind" support for direct payments. This is things like paying rent for your dependents (see section 15005.4(d)).
4. Can't you just give me a darn worksheet to figure out how much is owed?
Yes. Use this. It's directly from the Manuel.
Enforcement of Support Obligation
“The Marine Corps will not serve as a haven for personnel who fail to provide adequate and continuous support to their family members." MCO P5800.16A, Marine Corps Manual for Legal Administration, Chapter 15, Section 15001.
Marines can be punished both administratively and under the UCMJ for failure to support their dependents. Section 15002 expressly states that “[t]his chapter is punitive in nature and violations of this order are punishable under the UCMJ, and may subject the violator to adverse administrative action.”
That being said, this isn't that common and it more likely that Marine will be dealt with at a lower level. Commanders really don't like getting involved in their Marines personal lives when it can be avoided. Even if the Marine is dealt with administratively, the spouse will not be entitled to know that this has happened because administrative actions are protected by the Privacy Act. Regardless of whether they are going to get in trouble, Marines should really just support their kids, you know because it's the right thing to do since you created them and no one likes a deadbeat. Also, it's a pretty terrible way to mess up your career.
Reminder! This support should be considered a stopgap, not a permanent solution. Support can end after 12 months of payments under the Manual. Don't delay. Start working your court order.
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