Marine Corps Family Support Requirements

Policy

Echoing the Navy, the Marine Corps bluntly states its policy: “The Marine Corps will not serve as a haven for personnel who fail to provide adequate and continuous support to their family members. MCO P5800.16A, Marine Corps Manual for Legal Administration, Chapter 15, Section 15001.

Amount of Support

The Manual 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 Basic Allowance for Housing (BAH) or Overseas Housing Allowance (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.

While the obligation to support a spouse ends with a court order or agreement which either is silent, or affirmatively provides for no support (section 15001.3), curiously the same is not true for children. Per section 15001.4, a decree which is silent on the issue of child support has no effect on a Marine’s requirement to support children under the Manual.

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.

Enforcement of Support Obligation

“This chapter is punitive in nature and violations of this order are punishable under the UCMJ, and may subject the violator to adverse administrative action.” Section 15000.

Per section 15002, a Marine is subject to punitive action for failure to comply with a court support order, or with the provisions above.

Complaints should be directed to the Marine’s commanding officer, who then counsels the Marine on his support obligations and encourage him to confer with legal counsel.