Paternity & the Military

Being in the military does not create any particular rules for establishing paternity. Commanders cannot order military members to support children born out of wedlock absent a court order, and they cannot order a member to undergo a DNA test (again, that's a civilian court matter).

Child Support

The Code of Federal Regulations spell out DOD policy with respect to paternity claims, and the starting point is a requirement that there be a court order of paternity or for child support. 32 C.F.R. § 81.3. The military will not adjudicate paternity claims, so without a court order, an alleged father has no obligations to pay support, and the child has no right to military benefits.

Army Regulation 608-99, Para. 2-2(a), applicable to the Army, succinctly sums up the position of the military: "Soldiers will comply with the financial support provisions of court orders arising from paternity. In the absence of a court order identifying a soldier as the father of a child, a male soldier has no legal obligation under this regulation to provide financial support to a child alleged to have been born to him and the child’s mother out of wedlock." If there is a court order adjudicating paternity, but not establishing a specific child support obligation, the Army will treat the child as any other child of the member. Assuming proper jurisdiction, foreign court orders will be honored. Para. 2-2(c).

Air Force Instruction 36-2906, Para. 3.4.2 provides: “If the member denies paternity, inform the claimant accordingly and advise that the Air Force does not have the authority to adjudicate paternity claims.” Moreover, if the member acknowledges paternity, he is simply to be referred to legal counsel for advice - there is no provision for the actual payment of support absent a court order.

Navy MILSPERSMAN 5800-0100, Paternity Complaints requires a member to comply with all court orders for support. Absent a court order, the manual provides for the member to be counseled on his “moral obligation” to support a child born out of wedlock. Para. 6.

Marine Corps Manual for Legal Administration, MCO P5800.16A, Chapter 15, Section 15003.3 provides “In instances where a request for support is for a child born out of wedlock, the Marine shall provide support under this under this chapter only when paternity is established by court or administrative order, or formal written acknowledgment by the Marine.” The italics are mine, not in the original, and are significant in that apparently in the Marines an acknowledgment of paternity may be sufficient to trigger a support obligation, even without a court order.

COMDTINST M1600.2, Discipline and Conduct, Chapter 2.E Support of Dependentts Section 2.e.5.f provides: “In the absence of an adjudication of paternity or of a legal obligation to furnish support by a court having jurisdiction, the officer or enlisted member shall be consulted privately, advised of the legal and moral obligation to support illegitimate children, as well as his rights in the matter, and asked whether he admits either paternity of, or the legal obligation to support, the child or expected child.”

Finally, the federal government requires a court order to garnish any federal pay, including military pay, for child support purposes. 42 U.S. Code § 659(i)(2)

ID Cards & Military Benefits

The services have a multi-service publication published under Air Force Instruction 36–3026. See the cover page for the other branch nomenclatures (e.g. in the Army the same regulation is Army Regulation 600-8-14).

Para. 4.9 provides that DOD will issue an ID card to the illegitimate child of a male service member if:

• There is a court order of paternity and birth certificate presented, or
• The member has executed a voluntary acknowledgment of paternity.

To obtain an ID card, the member needs to complete a DD Form 1172, Application for Uniformed Services Identification Card DEERS Enrollment.

Though it may appear incongruous, the bottom line is that while the military will issue an ID card and provide benefits to an illegitimate child, a member is typically not required to pay support to that child absent a court finding of paternity.

Basic Allowance for Housing (BAH)

Pursuant to Joint Travel Regulation, Chapter 10, Section 100205.A.3, a member is eligible to receive BAH based upon an illegitimate child if:

• The member is on the child’s birth certificate
• There is a court order adjudicating parentage, or
• The member has signed a statement of parentage.

The military has promulgated DD Form 137-4, Dependency Statement - Child Born Out of Wedlock Under Age 21 for a member to claim an illegitimate child as a dependent for BAH purposes.