Navy Family Support Requirements

Navy Policy

Trust the Navy to not mince words when stating its policy regarding support to separated families: “The Navy will not act as a haven for personnel who disregard or evade obligations to their legal family members.” MILPERSMAN 1754-030, Chapter 15, Support of Family Members, Para. 1.

Amount of Support Required

As with the other branches, MILPERSMAN 1754-030 sets forth the obligations for family support in the absence of an agreement or court order. Para. 4.a. The obligation is expressed as a fraction of the sailor's "gross pay" (defined as base pay plus BAH, if entitled, but excluding all other allowances, such as BAS, hostile fire pay, etc):

• Spouse only: 1/3
• Spouse & 1 minor child: 1/2
• Spouse & 2 or more children: 3/5
• 1 minor child: 1/6
• 2 minor children: 1/4
• 3 minor children: 1/3

Waiver of Obligation

Only the Director, Dependency Claims, Navy Military Pay Operations, at DFAS, may grant a waiver. Pursuant to para. 5.b, the grounds for a waiver are:

• Desertion without cause,
• Physical abuse, or
• Infidelity by the spouse.

(Note - while the Navy apparently considers fault in determining its personnel’s interim support obligation, civilian courts, including in Colorado, are no-fault, so a spouse would not be permitted to introduce evidence of desertion, etc as a defense to paying support.

Moreover, should a waiver be granted, it only applies to the spousal portion, and not the portion attributable to children.

Enforcement of Support Obligation

“All members shall provide adequate and continuous support for their lawful family members and comply fully with the provisions of separation agreements and court orders. Any failure to do so which brings discredit upon the Naval Service may be cause for disciplinary and administrative action, which may include the initiation of court-martial proceedings, and may ultimately lead to separation from the Naval Service.” MILPERSMAN 1754-030, para. 1.

Upon receiving an allegation of non-support, the member’s commander is required to ensure the member is interviewed and advised of the support obligation (para. 11). And if the allegation is against an officer, the officer is required to submit a statement breaking out the support paid for the preceding 12 months and provide a plan to ensure future support is paid. Para. 13.

Failure to provide required support could be grounds for a negative fitness and evaluation report. Para. 14.