Support without Court Order

Question: I am an active duty Navy and I recently moved out of the house. We have two kids. We have not started court proceedings. I don’t have a court order for support but I have been giving her money. She is complaining it is not enough. She has also complained to my command. What should I be paying her?

ANSWER: First, you have a duty of support of your dependents. In the absence of a Family Court order for a specific support amount, or without a signed agreement between you and your wife, the NAVY has guidelines as to what is the appropriate amount of support.

According to the NAVY guideline, you should be paying your Wife and 2 minor children 3/5 of your gross pay.

Gross pay includes your base pay and your housing allowance. Your gross pay does not include sea pay, hazardous duty pay or basic allowance for subsistence.

This amount is not an absolute amount. The amount can be more or less depending on your particular circumstances. If you are paying the mortgage or your Wife’s car payments, the command may allow you to pay less.

The best advice is to set up an appointment with your local Legal Assistance Office.

CRAIG A. CANDELORE, the author, is a California Certified Family Law Specialist attorney who has been practicing law since 1986.

The above article is intended for informational purposes only, and is not to be construed as legal advice for any purpose. Due to the intense personal nature of any legal issue, it is important that you consult with appropriate legal counsel to ensure your issues are addressed appropriately.