Every active-duty member of the armed forces has a military imposed obligation to provide financial support to dependents.[1] This obligation is separate from, and in addition to, the state-mandated obligation that each parent financially support his or her minor children and spouse. The military financial obligation generally controls as soon as the parties separate and is applied in the absence of a separate formal Agreement or Court Order that establishes any form of financial support through a state’s laws. These military imposed financial obligations differ from military branch to branch. To illustrate, the Army and Marine Corps provide specific formulas to determine a numerical amount of familial support. The manner of enforcement of the familial support regulations also differs from branch to branch. In any branch though, a service member’s Commanding Officer is not authorized to garnish wages or otherwise obtain possession of the service member’s pay to force payment to the dependent party. However, a Commanding Officer can enforce the payment of familial support through the use of military sanctions in the nature of administrative or, in rare cases, criminal sanctions. For instance, a Commanding Officer may revoke a service member’s leave/vacation time or require the service member to perform additional duties. Should a service member not provide familial support, a complaint for familial support must be made to the Commanding Officer in the service member’s chain of command. Failure to report the complaint to the proper level of command could delay the determination and enforcement of familial support requirements.

If you are in need of the military mandated financial support, please contact the applicable Judge Advocate General’s (JAG) office to determine the proper process of filing a complaint and contacting the correct Commanding Officer in the service member’s chain of command. If you are a service member and believe that the military mandated financial support applies to your situation, please contact the applicable JAG office to figure out the amount and process of payment. Although a valuable resource, be advised that the familial support imposed as a military obligation involves a completely separate process from resolving all of the family law claims that may apply through the state courts.

Child Custody and Child Support

North Carolina has historically put the needs of military service members at the forefront of many laws and state policies, especially in child custody disputes. In particular, the Uniform Deployed Parents Custody and Visitation Act (the “Act”) was adopted and put into effect as of October 1, 2013.

This Act imposes additional obligations upon moving parties as well as additional remedies for military parents should a deployment be ordered. More specifically, a deploying parent must notify the other parent of the pending deployment no later than seven days after receiving the notice, absent unique circumstances. Pending deployment, the parents may enter into a temporary parenting agreement that grants custodial responsibility during the deployment. The agreement must be in writing and be signed by both parents and any non-parent who will have custodial responsibility as a result of the agreement. Do not rely on texts, emails, or handwritten notes on a napkin should a temporary parenting agreement be intended.

Although the temporary parenting agreement can include any provisions that the parents desire, some of the most important provisions include how the deploying parent will maintain contact with the child and when the agreement terminates following the deploying parent’s return from deployment. The nature of this type of agreement falls under separate laws than a temporary custody arrangement established in a non-deployment/civilian situation. One important distinction: a non-parent in this agreement does not have an independent, continuing right to caretaking authority, decision-making authority, or limited contact with the child simply because the agreement had established temporary custodial responsibility during a military parent’s deployment.

It is preferable to make sure that such an agreement is written by an attorney to ensure the proper legal authority and statutes are cited. Although a parenting agreement is not required to be filed with a Court, an attorney can explain the benefits of filing the agreement with a Court for ease of enforcement. A parenting agreement can also be established and entered with the Court regardless of separation of the parents should they be married. 

In instances where the parents are not able to agree on a parenting arrangement while at least one parent is deployed, the service member may be able to get an expedited hearing with the Court on temporary custody before deployment. If a hearing is not possible, then the Court may still be forced to have a hearing during deployment; however, a Court may not at any point issue a permanent order granting custody in the absence of a deploying parent without the consent of the deploying parent. This Act further permits that should a hearing occur during deployment, testimony by a witness, including the deployed parent, could occur by electronic means. In a hearing involving deployment of one parent and on the motion of the deploying parent, the Court has the ability to grant child caretaking authority to a non-parent who has a close and substantial relationship with the child.

The Act also includes terminating provisions upon the parent’s return from deployment. For example, if the applicable Agreement or Order does not have a termination date, then the temporary Agreement or Order terminates 60 days from the date the deploying parent gives notice to the other parent or any non-parent with custodial responsibility that the deploying parent has returned from deployment, unless unique circumstances apply.

With regard to Child Support, depending primarily on the parenting arrangement and the incomes of both parties, the Court will follow the North Carolina Child Support Guidelines that calculates the amount of a child support obligation. The guidelines are applicable regardless of a temporary or permanent situation. The Guidelines are presumed to provide for the financial needs of the children, and said presumption can be rebutted in limited circumstances. Note: A parent’s deployment status may alter the Temporary Child Support calculation as well. An attorney can assist in the Child Support calculation of amount and duration depending on each family’s specific circumstance.

Equitable Distribution

In North Carolina, the assets and debts associated with married individuals are divided by Equitable Distribution. With some exceptions, the term “Equitable Distribution” refers to the fair distribution of assets and debts that were created between the date of marriage and the date of separation. There is a presumption that those assets and debts will be divided equally (50/50) but that presumption can be rebutted by various statutory factors.

Some of those factors include[2]: 

1. The income, property, and liabilities of each party at the time the division of property is to become effective.
2. Any obligation for support arising out of a prior marriage.
3. The duration of the marriage and the age and physical and mental health of both parties.
4. The need of a parent with custody of a child or children of the marriage to occupy or own the marital residence and to use or own its household effects.
5. The expectation of pension, retirement, or other deferred compensation rights that are not marital property.
6. Any direct or indirect contribution made by one spouse to help educate or develop the career potential of the other spouse.
7. Any direct contribution to an increase in value of separate property which occurs during the course of the marriage.
8. The liquid or nonliquid character of all marital property and divisible property.
9. The tax consequences to each party.
10. Acts of either party to maintain, preserve, develop, or expand; or to waste, neglect, devalue or convert marital property.

Spousal Support

In North Carolina, there are two forms of spousal support: Postseparation Support and Alimony. Postseparation Support is considered temporary in nature and is generally to get a dependent spouse through the separation period until the Absolute Divorce, Alimony determination, or some other predetermined termination date. Alimony is a more enduring form of spousal support that is based upon the standard of living, financial need, and specific circumstance of the parties. For both forms of spousal support, North Carolina does not have a calculator (in contrast to Child Support). Rather, the Court will take into consideration a number of factors to include the incomes of each party, the ability to work, each party’s standard of living both during the marriage and as of the date of determination, and the financial obligations of each party. Because there is no calculator, the exact amount awarded is unique to each case and to the specific judge that has wide discretion in weighing various factors.

If you are a service member looking for legal assistance, our Modern Legal team is here to help. 

Please note: these educational materials are based on North Carolina law where my legal practice is based. While the insights may have wide applicability, readers should consult with an attorney regarding the specific laws in their state or country. 

Written by: Theresa E. Viera



[1] The particular financial support military regulation depends on the branch of military. For the Army, refer to AR 608-99 (October 29, 2013). For the Marine Corps, refer to MCO P5800.16A. For the Air Force refer to AFI 36-2906 (July 30, 2018). For the Navy, refer to NAVPERS 15560 Section 1754-030. For the Coast Guard, refer to COMDTINST M1000.6A Section 8.M.

[2] North Carolina General Statute §50-20 (2013).