HANSCOM AIR FORCE BASE, Mass. – All Air Force members must provide adequate support for their dependents, even while going through a divorce.
Prior to 2018, Air Force Instruction 36-2906, Personal Financial Responsibility, stated that members were required to provide “adequate financial support” to dependents. On July 30, 2018, this regulation was revised and introduced a new “pro rata share” calculation, a means of quantifying adequate support by members to their dependents in the absence of a court order.
This requirement is enforced regardless of whether the service member is married, separated or in the process of a divorce.
The pro-rata share calculation is one over the total number of supported family members, multiplied by the applicable non-locality Basic Allowance for Housing, or BAH, with dependent rate.
The “total number of supported family members” excludes the service member, former spouse and current spouse on active duty unless a court order or written financial support agreement requires financial support.
A squadron commander (or leader with UCMJ authority) may release a service member under his or her command from the requirement to provide financial support in situations specified in the regulation.
If a court order with financial support provisions or a written support agreement is in place, military members must also comply with the court order or agreement. Should there be a complaint of non-support by a dependent, squadron commanders will require the service member to provide proof of financial support, and the member may not receive the with-dependent BAH rate if it is determined he or she is not providing financial support to any applicable spouse and/or child. The member will also face recoupment of the with-dependent BAH rate received during the periods of non-support.
Failure to provide adequate support under the provisions of AFI 36-2906 can also result in administrative action or punishment under Article 92 of the Uniform Code of Military Justice, Failure to Obey Order or Regulation.
For further information on the responsibility for adequate family support, contact the Hanscom Legal Office at 781-225-1410.