As a former military JAG Officer, Mr. Ryan is intimately familiar with the family support and other issues unique to servicemembers and their spouses. 

Each of the military services has its own regulations requiring its servicemembers to support family members upon separation, in the absence of an agreement or court order. Note that they are stop-gap measures, and depending upon their circumstances (such as "fault", income levels, or number of children), either the servicemember or civilian spouse may be better off seeking a court order for temporary support and maintenance.  In the event of nonsupport, the spouse seeking support can request assistance from the servicemember's commander, and if that does not work, the local JAG office or Inspector General. But unlike court-ordered support, military family support cannot be garnished, nor can a commander actually divert a servicemember's pay to the spouse. However, a servicemember who fails to pay could be punished under Article 92, UCMJ for violation of a lawful general regulation, and DFAS may recoup any BAH received for dependents the servicemember was not actually supporting.  Following is a summary of the various service regulations.

MILPERSMAN 1754-030, Chapter 15, Support of Family Members, provides a guide for family support in the absence of an agreement or court order.  Para. 4.a.  The obligation is expressed as a fraction of the sailor's "gross pay" (defined as base pay plus BAH, if entitled, but excludes all other allowances, such as BAS, hostile fire pay, etc).

• Spouse only: 1/3
• Spouse & 1 minor child: 1/2
• Spouse & 2 or more children: 3/5
• 1 minor child: 1/6
• 2 minor children: 1/4
• 3 minor children: 1/3

Waiver of Obligation

Only the Director, Dependency Claims, Navy Military Pay Operations, at DFAS, 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.

Should a waiver be granted, it only applies to the spousal portion, and not the portion attributable to children.

MCO P5800.16A, Marine Corps Manual for Legal Administration, Chapter 15, sets up monthly support standards members must follow in the absence of an agreement or court order.  Per section 15004, the amount payable upon request by a family member is expressed as a fraction of the BAH or OHA the marine is receiving, with a minimum dollar level per family member:

• 1 family member:  1/2 BAH/OHA, minimum $350 each.
• 2 family members:  1/3 BAH/OHA, minimum $286 each.
• 3 family members:  1/4 BAH/OHA, minimum $233 each.
• 4 family members:  1/5 BAH/OHA, minimum $200 each.
• 5 family members:  1/6 BAH/OHA, minimum $174 each.
• 6 or more family members:  1/7 BAH/OHA, minimum $152 each.

Under no circumstances may a marine be required to pay more than 1/3 of his/her gross military pay, which includes base pay and all allowances.

There is no support duty between active duty spouses without children.

Support is payable by cash, check, money order, allotment, etc.  There is no provision for in-kind payments.

Modification of Obligation

The member's commanding officer (Colonel or higher), per section 15005, may reduce or eliminate the support requirement under the following circumstances:

• 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.

Air Force Instruction 36-2906, Personal Financial Responsibility requires servicemembers, in the absence of an agreement or court order, to "provide adequate financial support to family members."  Para. 3.2.1.

Period.  Unlike the other services, the Air Force does not attempt to define the level of support, instead leaving it up to the parties' agreement, and civilian courts if the parties do not agree. Even when a commander receives a complaint of nonsupport, the commander may require proof of support, but cannot define what constitutes an adequate level of support.

Support includes not only cash payments, but in-kind payments like buying groceries, paying bills, etc.

What does this mean? If you are a spouse separated from a servicemember, and need child support or maintenance, get a court order!

COMDINST M1000.6A, Personnel Manual, Chapter 8M (this is a huge 17MB document, which takes forever to load) sets out obligations of Coast Guard servicemembers to support their spouses in the absence of an agreement or court order.  Paragraph 8.M.3.c.

• Spouse only:  BAH-Diff, plus 20% of base pay.
• Spouse & 1 child:  BAH-Diff, plus 25% of base pay.
• Spouse & 2 or more children:  BAH-Diff, plus 30% of base pay.
• 1 child: 1/6 of base pay.
• 2 children: 1/4 of base pay.
• 3 or more children: 1/3 of base pay.

Child included handicapped children.

BAH-Diff is the difference between BAH at the With-Dependents Rate, and BAH at the Without-Dependents Rate.

Relief from Obligation

• For a child, when the child's whereabouts & welfare cannot be ascertained
• For a child, the person requesting support does not have custody of the child
• The spouse deserted the member without cause,
• The spouse committed infidelity, or
• The spouse inflicted physical abuse on the member.

The grounds for relief for spousal support are discretionary, and the commandant may not grant relief even if they are satisfied.  Furthermore, relief from spousal support does not relieve the member of the obligation to support the children per the schedule above