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How is Spousal Support Determined if the Husband is in the military?
My sister and her husband are going through a divorce. Her husband is in the US Air Force. She does not seem concerned about military divorce spousal support and thinks that the military will “take care of it,” but I have been encouraging her to get a court order so she is not left with nothing. Am I overreacting?
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Answers (1)
Unlike other branches of the military, the US Air Force does not attempt to define the expected level of military divorce spousal support , and instead requires service members to “provide adequate financial support for family members” in the absence of a court order, according to Air Force Instruction 36-2906, Personal Financial Responsibility. The Air Force leaves spousal support up to the parties’ involved, and if they cannot agree, it is considered a matter for civilian courts. Even if a commanding officer receives a complaint of non-support, he can ask for proof of support but cannot define what adequate support really is. The Air Force defines support as not only cash payments, but also in-kind payments like groceries, childcare expenses, etc. In answer to your question, no, you are not overreacting. If your sister wants military divorce spousal support, she needs to talk to an experienced divorce lawyer and get a court order.
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Posted by Jan Hill on 22 Jan 2010
1 person found this useful
(4 Votes)