In the absence of a court order or a formal written agreement, the U.S. Army requires Soldiers to provide financial support to their family members according to Army Regulation 608-9. This calculator helps estimate the interim support amount based on current BAH-II (Non-Locality) rates.
*Based on AR 608-9 guidelines using BAH-II With-Dependents rates.
Understanding Army Regulation 608-9
Army Regulation (AR) 608-9 sets the standard for "interim" financial support. It is important to understand that this regulation only applies when there is no court order and no written agreement between the parties. Once a judge signs a child support order, the Army regulation no longer dictates the amount—the court order takes precedence.
How the Calculation Works
The calculation is primarily based on the BAH-II (Basic Allowance for Housing - Non-Locality) rate at the "with-dependents" level. Unlike regular BAH, BAH-II does not change based on your zip code; it is a flat rate determined by rank.
- Single Family: If the Soldier has only one family (e.g., one ex-spouse and two children), the support amount is typically equal to the full BAH-II with-dependents rate.
- Multiple Families: If the Soldier has multiple dependents across different households, the BAH-II amount is divided pro-rata among all supported family members.
What is BAH-II?
BAH-II is the housing allowance for members without a permanent station or for those in specific transitional statuses. The Army uses this specific table to ensure a uniform standard of support across the globe, regardless of whether the Soldier is stationed in an expensive city like New York or a lower-cost area.
Key Factors in Army Child Support
1. Command Responsibility
Army commanders have the authority to ensure Soldiers are meeting their financial obligations. If a Soldier fails to pay the amount dictated by AR 608-9 (in the absence of a court order), the commander can take administrative or non-judicial action under the UCMJ.
2. Duration of Support
Interim support under AR 608-9 usually continues until a court order is established or the parties reach a legal separation agreement. It is meant to be a safety net to ensure dependents are not left without resources during the transition of a divorce or separation.
3. Exemptions
There are rare cases where a Soldier may be released from the requirement to support a spouse (such as in cases of physical abuse by the spouse or if the spouse's income is significantly higher), but support for children is almost never waived.
Frequently Asked Questions
Does this include BAS?
No, the AR 608-9 calculation is strictly based on the BAH-II rate. Basic Allowance for Subsistence (BAS) is intended for the Soldier's meals and is not factored into the interim support formula.
What if the Soldier lives in the barracks?
Even if a Soldier lives in the barracks and does not receive BAH in their paycheck, they are still obligated to pay the equivalent of the BAH-II rate to their dependents under the regulation.
Can the amount be higher than the calculator shows?
Yes. Once you go to court, the state's child support guidelines will apply. State guidelines usually factor in total gross income (including Base Pay, BAH, and BAS), which often results in a higher support amount than the AR 608-9 interim minimum.