Financial Support in Military Cases

Michael S. Archer and CPT Tricia L. Birdsell provide a detailed analysis regarding the pitfalls civilian attorneys can encounter in cases involving military support issues. 

Military support  issues arise frequently in Arizona due to the presence of Luke Airforce Base, as well as other military installations in the Southwest.  If you or your spouse are in the military, each branch of service requires certain support obligations upon separation for both dependents and spouses.  This article details the steps one must take in each branch of the military to obtain support, how to calculate the support obligation, as well as how a waiver of the obligation can be obtained by the military spouse.

The correct action to take in making a Nonsupport Complaint depends entirely upon which branch of service the military spouse, or dependent’s father/mother, is in, as well as the type of income earned by the military spouse.  If the correct action is taken by a spouse seeking financial support, the non-military spouse may be able to obtain support through the military that they otherwise may not be entitled to receive in an Arizona Superior Court case. Further, depending upon the branch of the military you are in, the military spouse should discuss with an attorney whether temporary support orders should be sought in an Arizona Superior Court case if the military support obligation is higher than the potential non-military support obligation.