Quick answer: Army Regulation 608-99 requires a soldier to support family members when there is no court order or written support agreement. Interim support for a family not living in government quarters generally equals the soldier’s BAH RC/T-WITH rate, shared among family members who live apart (AR 608-99, para. 2-6). The rules are punitive under Article 92 of the UCMJ, a spouse requests support through the soldier’s company commander, and a Georgia court order or signed agreement replaces the interim rules. Scot Sikes, a retired Army JAG, handles AR 608-99 and military support issues at Fort Benning.
When an Army marriage breaks down, money is usually the first emergency. A spouse who has moved out, or been left behind, needs rent and groceries this month, long before a judge can hold a hearing. Army Regulation 608-99 (13 November 2020) fills that gap. It is not a substitute for a court order, and it often produces a different number than Georgia’s child support guidelines, but it is binding on every soldier.
When AR 608-99 Interim Support Applies
- It applies only when there is no court order with a support provision and no written financial support agreement covering the family member (para. 2-6a).
- The obligation begins when the soldier and the family stop living together, whether one leaves voluntarily or the soldier is ordered out (para. 2-7a(3)).
- The soldier is presumed to be paying until a family member or their representative complains to the command (para. 2-7a(4)).
How Much Interim Support Is Owed
For a family not living in government housing, the baseline is the soldier’s BAH RC/T-WITH rate, the reserve component/transit rate that replaced the old “BAH II” (para. 2-6d(1); para. 1-9a(2)). If family members live in different places, each member not in government housing receives a pro-rata share (para. 2-6b and 2-6d(3)). A soldier stationed overseas who draws BAH for family members living in the United States pays the actual BAH amount if it is higher. Partial months are prorated by the day (para. 2-8). In some situations the regulation adds enhanced spousal support equal to 25 percent of BAH RC/T-WITH; it is not paid to a spouse who is also on active duty (para. 2-6f).
While the family lives in government quarters, no additional interim support is required, and support resumes when the family moves out (para. 2-6d(2), 2-7a(5)).
When Interim Support Ends or Can Be Reduced
Interim support ends when a written support agreement takes effect, when a court order ends the marriage or sets support, when a commander grants a release, or when the couple moves back in together (para. 2-7b(3)). A battalion-level commander may consider releasing a soldier in specific situations, such as when the spouse earns more than the soldier or after 18 months of regulatory support (para. 2-13d). Those are grounds a commander may weigh, not automatic cutoffs.
How a Spouse Requests Support
- Contact the soldier’s company-level commander in writing with the facts: names, separation date, where each family member lives and what has been paid (para. 3-1).
- The commander may inquire directly with the soldier or appoint an AR 15-6 investigating officer (para. 3-2).
- If nonsupport is found, the commander orders the soldier to pay a specific amount, by a specific date, to a specific payee, by a specific method (para. 3-4a(3)), and must reply to the requester with contact information (para. 3-3, 3-4b).
Violating the support rules is punishable under UCMJ Article 92, even without prior counseling (para. 2-5b). The regulation also says a soldier cannot fall into arrears without violating it (para. 2-5c).
Court Orders Control
Soldiers must comply with the financial support terms of state court orders and child support agency orders (para. 2-4a). Once a Georgia court sets temporary or final support, that order controls for the family members it covers, and the regulation’s default rules apply only to anyone the order leaves out (para. 2-4c). The regulation itself says it is not a guide for courts (para. 1-7e). In practice, Georgia temporary support under O.C.G.A. § 19-6-15 and temporary alimony often differ from the AR 608-99 figure in either direction, which is why a prompt temporary hearing or a written agreement usually matters more than the regulation.
Custody and Parentage Under AR 608-99
- Soldiers must obey custody and visitation orders. The punitive custody provisions protect unmarried children under 14 (para. 2-10b, 2-11a).
- Joint legal custody does not excuse a parent without physical custody from violating the custody rules; a valid court order giving exclusive physical custody is a defense (para. 2-11b, 2-11d).
- Legal parentage follows state law. A soldier who acknowledged parentage outside a state legal process may be treated differently than one with a court order (para. 2-2). See legitimation and paternity.
Sailors, Marines and Airmen are covered by their own service regulations, which use different formulas. The Georgia court process is the same for every branch.
Related Fort Benning Pages
Fort Benning military divorce · Divorce while deployed or overseas · Child support in Columbus · Alimony and spousal support
Talk With Scot Sikes
Consultations with Scot Sikes are $200 and cover your specific situation, the Georgia law that applies and your realistic options. Call 706-494-6900 or use the contact page. The office is at 5 Bradley Park Court, Suite 101, Columbus, GA 31904, about 15 minutes from Fort Benning’s main gate.
Frequently Asked Questions
How much support does AR 608-99 require?
When there is no court order or written agreement, interim support for a family not living in government quarters generally equals the soldier’s BAH RC/T-WITH rate, divided pro rata among family members who live in different places (AR 608-99, para. 2-6).
Who do I contact if my soldier spouse isn’t paying support?
The soldier’s company-level commander. Put the request in writing with dates, addresses and payments made. The commander can order the soldier to pay a specific amount by a specific date (AR 608-99, ch. 3).
Does AR 608-99 override a Georgia court order?
No. A soldier must follow the support terms of a court order, and the order controls for the family members it covers. The regulation’s interim rules are a stopgap until there is an order or written agreement.
Is BAH II still used for Army family support?
No. The 2020 revision of AR 608-99 replaced BAH II with BAH Reserve Component/Transit (BAH RC/T). Interim support is now based on the BAH RC/T-WITH rate.
Can a soldier be punished for not paying family support?
Yes. The support provisions are punitive under Article 92 of the UCMJ, and violations can be punished without a prior complaint or counseling (AR 608-99, para. 2-5).
Does AR 608-99 apply to the Navy, Air Force or Marines?
No. AR 608-99 applies to the Army. The other services have their own family support regulations with different formulas.
More answers: see our Columbus, GA and Fort Benning family law FAQ.
About the author. Scot Sikes founded the Law Offices of Scot Sikes in Columbus, Georgia, in 2006. He earned his J.D. at Mercer University’s Walter F. George School of Law, was admitted to the State Bar of Georgia in 1999, and served as an Army judge advocate (trial counsel, Senior Defense Counsel and Deputy Staff Judge Advocate) before retiring from the U.S. Army Reserve as a lieutenant colonel in 2017. His practice centers on family law, military divorce and military family law in the Chattahoochee Judicial Circuit, and courts have qualified him as an expert witness on dividing military property in divorce. Read Scot Sikes’s full profile. Law Offices of Scot Sikes, 5 Bradley Park Court, Suite 101, Columbus, GA 31904 · 706-494-6900.
Last updated November 2026. Sources: Army Regulation 608-99, Family Support, Child Custody, and Parentage (13 Nov. 2020); O.C.G.A. § 19-6-15 (child support guidelines); 50 U.S.C. § 3932 (SCRA stay of proceedings). This page is general information about Georgia law, not legal advice for your situation.