nonsupport

This section explains how to process an IGAR concerning non-support of Family members.

Non-Support of Family Members: The request for support to Family members is and has been the top IGAR in the Army IG system. Soldiers have a responsibility to provide adequate financial support to Family members.

AR 608-99, Family Support, Child Custody, and Paternity, primarily Chapter 2, outlines these responsibilities and provides interim guidance when Family members do not have an oral agreement in limited circumstances, written support agreement, or court order.

This regulation also explains that for the commander to become involved in resolving this matter, a Family member or an authorized representative of the Family member must complain to the command that the Soldier is failing to provide proper support. In other words, the complainant has the responsibility of communicating non-support problems to the Soldier's commander.

Army Regulation 608-99 prescribes the commander's responsibilities in detail, primarily in Chapters 1 and 3. The commander's actions when presented with a request for Family support include, but are not limited to, reviewing the inquiry, counseling the Soldier, and responding to the complainant within 14 days in writing.

Since The Judge Advocate General (TJAG) is the proponent for this regulation, the commander should consult with the SJA prior to responding to ensure that no violations of privacy occur and all obligations per this regulation have been met.

AR 608-99 specifies the commander as the responsible entity to resolve requests for Family support. Hence, this type of IGAR is not IG appropriate, and the IG will promptly refer this complaint to the commander.

Determine if the complainant -- usually the Soldier's spouse or former spouse on behalf of the child(ren) -- has forwarded a complaint through command channels informing the Soldier's commander of the problem.

If the Soldier involved is assigned to a command outside the IG’s area, the IG will refer this request to the appropriate command IG owning the Soldier.

Ensure that the immediate needs of the Family are met (shelter, food, medical care, etc.) by referring the complainant to agencies such as the Family Readiness Group (FRG), the command, the Red Cross, Army Emergency Relief (AER), Army Community Services (ACS), or other local agencies that might provide interim support to Family members in need.

Offer opinions or be judgmental, become personally involved, or take sides against another Family member.

Become advocates for either the complainant or the Soldier.

Determine how much the Soldier “owes” the Family. That matter is strictly for the commander, the legal office, the Soldier, and the Family to resolve. The SJA is the local proponent and the only one authorized to provide definitive interpretations of the regulation.

Deal or correspond directly with the Soldier to keep the commander out of the loop.

Gather banking information such as routing and account numbers.

The proponent for AR 608-99 is the Judge Advocate General (TJAG). TJAG has the authority to approve exceptions to this regulation that are consistent with controlling law and regulation. TJAG may delegate the approval authority, in writing, to a division chief within the proponent agency in the grade of colonel or the civilian equivalent.

ANY QUESTIONS CONCERNING CALCULATING SUPPORT AMOUNTS SHOULD BE DIRECTED TO THE FT CARSON LEGAL ASSISTANCE OFFICE.

Ft Carson Legal Assistance Office: 526-5572/5573
http://www.carson.army.mil/LEGAL/index.html

The Company or Battalion Commander, as appropriate, will fully investigate every inquiry alleging paternity on the part of a Soldier and provide complete, accurate, and timely information to the individual making the inquiry. The commander should seek legal advice from the servicing SJA office if in doubt as to the requirements or application of his or her requirement under Army Regulation 608-99, Family Support, Child Custody, and Paternity. This advice should not come from a legal assistance attorney who advocates the client's interest.

The Company or Battalion Commander, as appropriate, will fully investigate every inquiry alleging child custody, visitation, or related matters and provide complete, accurate, and timely information to the individual making the Inquiry. The commander should seek legal advice from the servicing SJA office if in doubt regarding the requirements or application of this regulation in a particular case. This advice should not come from a legal assistance attorney who advocates the client's interests.

The following agencies might be of assistance to certain Family members in resolving support and custody issues.

State Offices of Child Support Enforcement: A civilian support structure specifically created by Congress to enforce Family support issues.Each of the 50 States has such an office, with branch offices located in all large cities and also at most county seats. These offices are normally found in the county court house or the local county or State office building -- often collocated with the welfare office. While State laws vary in detail and specific procedures, every State provides child-support collection assistance, normally at no cost to the requesting spouse. Many States also provide assistance for spousal support and alimony. An excellent source of contact information for State Child Support Enforcement Agencies is found at: www.acf.hhs.gov/programs/cse/extinf.htm

Uniform Interstate Family Support Act (UIFSA): Allows transfer of enforcement authority of court-ordered support from the State in which the supported spouse resides to the State of the Soldier’s duty station by registry of the court decree in the local court of the duty station State. Child Support Enforcement Agencies can assist.

State's Welfare Authorities: In cases where the supported spouse is destitute, the State's welfare authorities can, in some cases, also provide for subsidized housing and child care, food stamps, job training, and State monetary aid (paid in large part from Health and Human Services Federal grant money). The State Office of Child Support Enforcement will refer qualifying cases to the State's welfare authorities while still pursuing support from the Soldier.

DFAS Garnishments: For information regarding garnishment and involuntary allotments, see the DFAS Web site at: http://www.DFAS.mil.

State Adjutant General: Address Army National Guard personnel inquiries to the appropriate State Adjutant General.

Army World Wide Locator: The request to ascertain the current duty station and unit assignment of an active-duty Soldier needs to include full name and SSN or date of birth (numerous Soldiers with the same name are often listed). Check for current fees associated for this service. Mail the request to:

Army World Wide Locator
U.S. Army Enlisted Records and Evaluation Center
8899 E. 56th St.
Indianapolis, IN 46249-5301

Parent Locator Service of the U.S. Department of Health and Human Services: Available to former Soldiers by going through the main State Office of Child Support Enforcement. The Parent Locator Service can access the database of the Internal Revenue Service, Social Security Administration, Department of Veteran's Affairs, and States such as driver’s license records and motor vehicle registries.

Human Resource Command -- St . Louis: Address Army Reserve or Retired Personnel inquiries to:

Commander
Human Resource Command – St. Louis
Attention: DARP-IMG-F
9700 Page Boulevard
St. Louis, MO 63132-5200

National Personnel Records Center (NPRC): NPRC is part of the National Archives and Records Administration. Address former Army personnel (those who have been discharged and have no further Army service obligation or status) inquiries to:

Director
National Personnel Records Center (NPRC)
Attention: NRP-MA-S
9700 Page Boulevard
St. Louis, MO 63132

Note: Commanders failing to provide a response by the suspense date may be in a violation of AR 608-99, Paragraph 3-5a. The Battalion/Squadron commander will be notified of company commanders who fail to provide a timely response. The Battalion/Squadron commanders must also be informed of any allegation of repeated or continuing violations of AR 608-99 as stated in Paragraph 1-4f(5)(b). For example, a soldier who seeks to take advantage of a PCS move or change of command to stop support payments, in order to avoid those payments until the new chain of command becomes aware of the problem, could be considered a repeat offender.