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Army Regulation 608?99

Personal Affairs

Family Support, Child Custody, and Parentage

Headquarters Department of the Army Washington, DC 13 November 2020

UNCLASSIFIED

SUMMARY of CHANGE

AR 608?99 Family Support, Child Custody, and Parentage

This major revision, dated 13 November 2020 --

o Simplifies responsibilities at every echelon (para 1?4).

o Clarifies the ability of human resources personnel to disclose certain information related to Soldiers when consistent with AR 25?22 (para 1?4b(2)).

o Clarifies that this regulation does not alter baseline administrative individual readiness standards for worldwide deployment (para 1?7c(3)).

o Clarifies the authority to enforce German court orders through garnishment by Army finance offices when Soldiers are stationed in Germany (para 1?10b).

o Updates guidance related to parentage inquiries to account for the fact that a legal parent may be someone other than a biological parent (para 2?2).

o Provides guidance related to email, text messages, and social media with regard to written financial support agreements (para 2?3b).

o Establishes new guidance related to Army enforcement of ambiguous written financial support agreements (para 2?3b(2)).

o Clarifies guidance pertaining to the enforceability of foreign financial support court orders (para 2?4b).

o Clarifies that interim financial support required by this regulation does not constitute alimony for federal income tax purposes (para 2?6a).

o Establishes new guidance related to calculating interim financial support for Soldiers stationed overseas who receive basic allowance for housing solely on account of unaccompanied Family members residing in the U.S. (paras 2?6d and 2?6e).

o Establishes new guidance for calculating interim financial support when a battalion-level commander or higher has relieved a Soldier of the obligation to provide support to a Family member (para 2?6d(1)(c)).

o Incorporates Army Directive 2020?04, Enhanced Interim Financial Support, pertaining to enhanced interim financial support for spouses and changes the computation formula for Enhanced Interim Financial Support (para 2?6f).

o Reduces the authority to relieve Soldiers of certain regulatory support requirements on the basis of fundamental fairness from the brigade-level to the battalion-level commander (paras 2?12 thru 2?14).

o Simplifies command obligations in response to Family support, child custody, and parentage inquiries (chap 3).

o Incorporates policy contained in DoDI 5525.09 pertaining to cooperation with state and local officials in enforcing certain court orders relating to overseas Servicemembers (para 3?7d).

o Replaces the term "paternity" with "parentage" (throughout).

o Replaces the term (and acronym for) "basic allowance for housing II" with term (and acronym for) "basic allowance for housing Reserve Component/transit" (throughout).

o Recognizes and provides guidance pertaining to the role of state child support enforcement agencies (throughout).

Headquarters Department of the Army Washington, DC 13 November 2020

*Army Regulation 608?99

Effective 13 December 2020

Personal Affairs

Family Support, Child Custody, and Parentage

History. This publication is a major revision.

Summary. This regulation sets forth Army policy on financial support of Family members, parentage, and child custody. It prescribes Army policy on financial support of Family members, child custody and visitation, parentage, and related matters. Also, it implements DoDI 5525.09 with regard to Soldiers and Family members stationed or residing outside the United States on court-related requests for assistance arising from financial support, child custody and visitation, parentage, and related cases.

Applicability. This regulation applies to the Regular Army, the Army National Guard/Army National Guard of the

United States, and the U.S. Army Reserve, unless otherwise stated. Specifically, it applies to the Regular Army, including cadets at the U.S. Military Academy; (2) The U.S. Army Reserve on active duty pursuant to orders for 30 days or more; (3) All members of the Army National Guard of the United States on active duty for 30 days or more;(4) Members of the Army National Guard on active duty for 30 days or more pursuant to orders under Title 32, United States Code, except for the punitive provisions of this regulation; and (5) Soldiers receiving full or partial pay and allowances while confined at the U.S. Disciplinary Barracks or other confinement facilities. This regulation applies during mobilization.

Proponent and exception authority. The proponent of this regulation is The Judge Advocate General. The proponent has the authority to approve exceptions or waivers to this regulation that are consistent with controlling law and regulations. The proponent may delegate this approval authority, in writing, to a division chief within the proponent agency, or its direct reporting unit or field operating agency in the grade of colonel or the civilian equivalent. Activities may request a waiver to this regulation by providing justification that includes a full analysis of the expected benefits and must include

formal review by the activity's senior legal officer. All waiver requests will be endorsed by the commander or senior leader of the requesting activity and forwarded through higher headquarters to the policy proponent. Refer to AR 25?30 for specific guidance.

Army internal control process. This regulation contains internal control provisions in accordance with AR 11?2 and identifies key internal controls that must be evaluated (see appendix C).

Supplementation. Supplementation of this regulation and the establishment of command and local forms are prohibited without prior approval from The Judge Advocate General (DAJA?ZA), usarmy.pentagon.hqda-otjag.mbx.la@mail.mil.

Suggested improvements. Users are invited to send comments and suggested improvements on DA Form 2028 (Recommended Changes to Publications and Blank Forms) directly to the Office of The Judge Advocate General (DAJA?LA), usarmy.pentagon.hqda-otjag.mbx.la@mail.mil.

Distribution. This publication is available in electronic media only and is intended for the Regular Army, the Army National Guard/Army National Guard of the United States, and the U.S. Army Reserve.

Contents (Listed by paragraph and page number)

Chapter 1 General, page 1 Purpose ? 1?1, page 1 References and forms ? 1?2, page 1 Explanation of abbreviations and terms ? 1?3, page 1 Responsibilities ? 1?4, page 1 Records management (recordkeeping) requirements ? 1?5, page 1 Legal assistance client services files, records, and forms ? 1?6, page 1 Management of personal affairs ? 1?7, page 2 Penalties ? 1?8, page 2 Entitlement to military allowances ? 1?9, page 2

*This publication supersedes AR 608?99, dated 29 October, 2003 and AD 2020-04 is rescinded upon publication of this AR.

AR 608?99 ? 13 November 2020

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UNCLASSIFIED

Contents--Continued

Availability of remedies based on court order ? 1?10, page 3 Role of legal assistance attorneys ? 1?11, page 3

Chapter 2 The Legal Obligations of Soldiers, page 3

Section I General, page 3 Obligations to geographically separated Family members ? 2?1, page 3 Obligations in response to parentage inquiries ? 2?2, page 4

Section II Obligations to Provide Financial Support to Family Members, page 4 Financial support by agreement ? 2?3, page 4 Financial support required by court or Child Support Enforcement Agency order ? 2?4, page 5 Punitive provisions regarding financial support ? 2?5, page 6 Financial support required in the absence of a financial support agreement or court order ? 2?6, page 6 Initiation and termination of financial support obligations ? 2?7, page 8 Financial support obligations for less than a full month ? 2?8, page 9 Form and timing of financial support payments ? 2?9, page 9

Section III Obligations regarding Child Custody and Visitation, page 10 General ? 2?10, page 10 Punitive provisions regarding child custody ? 2?11, page 10

Section IV Release from Specific Regulatory Requirements, page 10 General ? 2?12, page 10 Situations warranting release from regulatory spousal support requirements ? 2?13, page 11 Situations warranting release from regulatory child support requirements ? 2?14, page 11

Chapter 3 Command Responses to Inquiries, page 11 General ? 3?1, page 11 Investigations ? 3?2, page 12 Standard requirements for all replies ? 3?3, page 12 Financial nonsupport inquiries ? 3?4, page 12 Parentage inquiries ? 3?5, page 13 Child custody inquiries ? 3?6, page 13 Other inquiries ? 3?7, page 14 Enforcement ? 3?8, page 14

Appendixes

A. References, page 16

B. Examples of Parentage and Support Cases, page 19

C. Internal Control Evaluation, page 23

Figure List

Figure 2?1: Pro-rata share equation, page 7

Glossary

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