Financial Legal Support

							Quick Guide to USMC Dependent Support Regulation
We at the Consolidated Legal Assistance Office have been encountering clients that do
not understand their requirement to provide financial support to their dependents. Often,
this lack of understanding is the result of Marines failing to read or to understand the
pertinent regulation. More distressingly, it appears that misunderstanding is sometimes
due to well-intentioned officers or staff NCOs providing incorrect advice. This quick
guide is designed to assist the Marine and his superiors in determining the Marine’s basic
support obligation.



Court Orders, Separation Agreements and Interim Support. In accordance with chapter 15
of the Legal Administration Manual (MCO P5800.16A) all Marines must provide
financial support to their dependents. But how much? If there is a court order for support,
the Marine is obligated to provide the amount designated in the court order. If there is a
separation agreement, the Marine is required to comply with the dependent support
provisions of the separation agreement. If and only if there is neither a court order nor a
separation agreement, and a complaint for nonsupport has been made to the
command, then the support amount is determined by using the interim support
required under the Order.



Interim Support. The Order contains a chart to determine the amount of “interim” support
(support in the absence of court order or agreement). That chart is reproduced below.
The obligated amount is the greater of the amount indicated in the center column and the
percent of BAH and OHA (overseas housing allowance) indicated in the far right column.
BAH received in the form of housing and not paid in cash to the Marine is not counted
for the purposes of this chart. In no event can the interim support required by the Order
exceed one third of the Marine’s gross monthly pay (pay and allowances prior to taxes
and deductions).


                              Minimum Amount Of        Share of Monthly BAH/OHA
# Of Dependents Entitled
                              Monthly Support Per      Per Requesting Family
To Support
                              Requesting Family Member Member
1.                            $350.00                        1/2
2.                            $286.00                        1/3
3.                            $233.00                        1/4
4.                            $200.00                        1/5
5.                            $174.00                        1/6
6.                            $152.00                       1/7

Example 1: Sgt H is married to W and has one child of the marriage (X). He lives off
Base in Jacksonville, NC and has a gross monthly pay of $2,000, of which $600 is BAH.
(BAH and pay amounts in this example are used only for illustration and ease of
calculation and may not reflect an E-5’s actual pay and BAH). The center column yields
a minimum support requirement of $572 ($286 for each of two family members entitled
to support). The right hand column yields a support amount of $400 (1 / 3 of the $600
BAH per family member entitled to support.) The greater of these amounts is $572,
which is the interim support obligation for Sgt H. This amount does not exceed 1 / 3 of
his $2,000 gross monthly pay and need not be reduced for that reason



Determining the number of dependents entitled to support can be complicated in cases
wherein the Marine is obligated by court order, separation agreement or otherwise to
provide support to dependents other than those making the nonsupport complaint.



Example 2: As in the previous example, Sgt H is married to wife W and has a child of his
current marriage, child X. He lives off base and receives a monthly gross pay of $2,000,
of which $600 is BAH. However, in this example, he has a child from a prior marriage,
child Y, and the divorce decree in that prior case ordered him to pay support for child Y.
Now there are three family members entitled to support (current wife W, child of current
marriage X, and child of prior marriage Y). Two of these family members (current wife
and child) have made a claim of nonsupport to the command. The center column yields a
support amount for current wife and child of $466 ($233 per requesting family member).
The far right column yields a support amount of $300. (1 / 4 BAH - $150- for each of
two per requesting family member, for a total of 1 / 2 BAH, of $300 ) Sgt X’s support
obligation in this scenario is $466.



Reduction of Interim Support Amounts. The Marine can request that the Commanding
Officer reduce the support obligation. It is up to the Marine to come forward with
sufficient information and documents to establish a basis for reduction of the interim
support requirement. The Commanding Officer may, but is not required to, reduce the
interim support obligation in only four very narrow circumstances, as follows:



-Spouse’s Income Exceeds Marine’s Income. The CO may reduce or eliminate the interim
spousal support requirement if the gross income of the spouse requesting support exceeds
the gross military pay of the Marine. This does NOT relieve the Marine from providing
support to his minor children.
-Payment of Twelve Months Interim Support. The CO may reduce or eliminate the
interim spousal support requirement where the following three conditions are met: (1)
The parties have been living separate and apart for at least twelve months (regardless of
the existence of a separation agreement), (2) the Marine has provided the required
interim support for a continuous and uninterrupted period of twelve (12) months or more
(including voluntary compliance with the Order in the absence of any complaint for
nonsupport), and (3) and the Marine has not attempted to evade service of process or
otherwise prevent a court from ruling on the issue of support. This does not relieve the
Marine from providing support to his minor children.



-Spouse Abuse. The CO may reduce or eliminate the interim spousal support requirement
where the Marine is the victim of spouse abuse as substantiated by conviction, issuance
by a court of a permanent restraining order, or determination of the Family Advocacy
Case Management Team that abuse occurred at a level II degree of severity or higher.



- Payment of Regular and Recurring Obligations of the Family Member Requesting
Support. The CO may reduce or eliminate the interim support requirement when the
Marine is paying debts of the family members requesting support “of sufficient
magnitude and duration as to justify a reduction or elimination of support.” Such debts
should be those of the family members and not the Marine’s own debt. Example: Sgt H
broke up with his spouse and now lives with a friend. His wife and children rent an
apartment elsewhere costing $350 per month. Sgt H pays rent for the apartment where his
wife and child reside (and he does not) directly to the landlord. Sgt H may request that his
CO reduce his support obligation by $350 to account for the payments he makes on a
monthly basis to the landlord.



This short primer on the USMC support regulation answers only the most common
questions concerning dependent support. Chapter 7 of the Legal Administration Manual
can be found on line by clicking: Here