Air Force Family Support Requirements

The Air Force was the last of the military branches to have an articulable family support requirement. For years, AFI 36 2906, Personal Financial Responsibility merely required that USAF personnel "provide adequate financial support to family members" without defining that obligation. See our blog post discussing the change AFI 36 2906 change to Air Force family support requirements.

Since 2018, however, the Air Force family support requirement largely mirrors the Army's requirement - Air Force members must pay their separated family members pro rata support based upon the BAH at the with-dependents rate, without the locality adjustment. And the AFI 36 2906 rules and exceptions to this requirement are also similar to the Army's.

Family Members Covered by AFI 36 2906

Per the "Terms" section in the glossary, AFI 36 2906 defines the following as a "family member" for purposes of the Air Force family support obligation (i.e. different definitions may apply for other purposes, such as ID cards):

• Present spouse (former spouse is not a family member).
• Minor children from the present marriage.
• Children from former marriage if the airman has a support obligation.
• Children born out of wedlock to a female airman, or a male airman with a court order or equivalent which requires support
• Any other person to whom the airman owes a legal duty of support.

Air Force Family Support Requirement

The Air Force family support requirements apply only in the absence of a court order or signed agreement specifying a different amount of support. AFI 36-2906, ¶ 4.1. In such cases, the order or agreement controls over the regulation, and the command cannot release the airman from such obligation either.

Family Support Amount Based Upon Non-Locality BAH

The AFI 36 2906 family support obligation is based upon BAH at the with-dependents rate, without the locality adjustment. AFI 36 2906, ¶ 4.1.1. A chart showing current rates is available on this DoD website.

Some situations call for the military member to pay family support based upon BAH-DIFF. That term is not exactly the difference between BAH rates, but is the difference between them from 1997, with COLAs applied. The amount appears on the non-locality BAH pay chart. See our article on Understanding Military Pay for more details.

Each Family Member Receives Pro Rata Share of BAH

Per AFI 36 2906, ¶ 4.1.1, all supported family members will receive pro rata shares of the member's BAH-WITH, without the locality adjustment. For purposes of the pro rata calculation, the denominator excludes the following:

• Former spouse, even if financial support is being provided.
• Present spouse who is on active duty, unless there is a court order for support.
• Family members for whom no duty of support is owed per the regulation, including if released from obligation by commander.

That basic rule is the easy part. Addressing all of the different variables (single family units, soldier has custody, spouse has custody, government vs private housing, etc.) creates multiple different family support scenarios:

Air Force Family Support for Single Family Units

• Not in government family housing. Provide non-locality BAH-WITH. ¶ 4.1.3.1.
• In government family housing. No support required. ¶ 4.1.3.2.
• Family members living in different locations. Pro rata share of non-locality BAH-WITH. ¶ 4.1.3.3.
• Spouse is active duty military. No Air Force spousal support requirement ¶ 4.1.3.4. No child support requirement if the children live in government quarters, or pay BAH-DIFF if the children do not live in government quarters

Air Force Family Support for Multiple Family Units

No support is owed for family members living in government family housing. ¶ 4.1.4.1.3.

Family members not living in government housing receive pro rata share of the non-locality BAH-WITH. ¶ 4.1.4.1.4.

Shared Custody

AFI 36 2906 is pretty advanced compared to the Army regulation in that it recognizes shared custody situations may not fit neatly into any of the categories above. Per ¶ 4.1.5, support owed for a child is adjusted by the custody arrangements for that child. By way of example, if a spouse who has 3 overnights per week receives 3/7 of the non-locality BAH for each child, plus any Air Force spousal support which may be owing.

Air Force Family Support in Other Situations

The Air Force also has a "catch-all" provision, providing that when a situation is not specifically addressed by the regulation, the airman must provide support at least equal to BAH-DIFF. And if the commander determines that this amount is insufficient, he/she may refer to the state child support guidelines and order additional support. AFI 36 2906, ¶ 4.3.

Exceptions to AFI 36 2906 Support Requirements

While the Air Force regulation has exceptions, they are not automatic - the member’s squadron commander (typically a Lieutenant Colonel) must find that one of the exceptions applies before a member is relieved of the BAH obligation.

Absent court order or written agreement to the contrary, the commander may relieve an airman of the family support requirement in the following situations

• Higher Income. The spouse’s gross income exceeds the member’s basic military pay (i.e. excluding allowances, or outside employment). ¶ 4.1.2.4.
• Abuse. The spouse committed substantial domestic abuse against the member. ¶ 4.1.2.6. This exception only applies if the abuse was substantiated by family advocacy or a court, and it was not mutual affray, 
• Jail. The supported family member is in jail. ¶ 4.1.2.7
• 18 Months. The member has paid Air Force spousal support for 18 months. ¶ 4.1.2.8.
• Airman is Lawful Custodian of a child who is, without his/her consent, in the care of a third party and the airman is pursuing obtaining physical custody. ¶ 4.1.2.11.

Note that the above exceptions only relieve the member of the obligation to support that particular family member - he/she still must support any children, for example. even if they live with the spouse concerned for whom no spousal support is owing. And there may be an additional requirement that the member is not receiving a higher BAH based solely upon that family member, unless the member agrees to terminate that excess payment.

Enforcement of Air Force Family Support Obligation

In the event of nonsupport, the spouse seeking support can request assistance from the member'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 member's pay to the spouse. However, a military member who violates AFI 36 2906 by failing to pay support could be punished under Article 92, UCMJ for violation of a lawful general regulation.

For assistance in enforcing the Air Force family support obligation, contact:

• Peterson Space Force Base legal assistance office at (719) 556-4500 or Inspector General at (719) 556-2104
• Air Force Academy legal assistance office at (719) 333-3940 or Inspector General at (719) 333-3490.