[Title 32 CFR 584.2]
[Code of Federal Regulations (annual edition) - July 1, 2002 Edition]
[Title 32 - NATIONAL DEFENSE]
[Chapter V - DEPARTMENT OF THE ARMY]
[Subchapter F - PERSONNEL]
[Part 584 - FAMILY SUPPORT, CHILD CUSTODY, AND PATERNITY]
[Sec. 584.2 - Family support and child custody.]
[From the U.S. Government Printing Office]
32NATIONAL DEFENSE32002-07-012002-07-01falseFamily support and child custody.584.2Sec. 584.2NATIONAL DEFENSEDEPARTMENT OF THE ARMYPERSONNELFAMILY SUPPORT, CHILD CUSTODY, AND PATERNITY
Sec. 584.2 Family support and child custody.
(a) General. (1) This chapter requires soldiers to provide financial
support to family members and to obey court orders on child custody. It
also provides guidance and policy to commanders to follow when resolving
nonsupport and child custody issues. Consistent with specific provisions
below, a soldier will--
(i) Furnish financial support to family members that meets at least
the minimum support requirements of this regulation (Sec. 584.2(d)).
(ii) Provide such additional support within his or her financial
ability to meet the financial needs of family members (Sec. 584.2(j)).
(iii) Comply with all court-imposed obligations (Sec. 584.2(c)(3)).
[[Page 448]]
(iv) Obey court orders and this regulation on child custody and
visitation rights (Sec. 584.2(e)).
(2) It is the responsibility of soldiers to resolve nonsupport
issues with family members by one of the methods shown in
Sec. 584.2(a)(2)(i) through (iii). In all cases, Army support policy for
family members should be considered temporary until either an agreement
has been reached between the parties (including those acting on behalf
of minor children) or court action has been taken.
(i) Oral agreements.
(ii) Written support agreements.
(iii) Court orders.
(3) Each complaint of nonsupport will be considered individually by
the soldier's immediate commander. Alleged desertion or other marital
misconduct on the part of a spouse has no effect on a soldier's
obligation to provide financial support as required by Sec. 584.2(d).
(b) Separation from family due to military service. Military service
often requires soldiers to live separately from their families during
oversea service or extended temporary duty. Soldiers must plan carefully
for the support of their families during these periods. Commanders will
educate soldiers and their families on the advantages of joint bank
accounts. Such arrangements usually minimize the hardship and financial
burden on family members that may occur during periods of such
separation. If proper, commanders will urge soliders to start an
allotment to or for their family to ensure continuous financial support.
The amount of such a support allotment should be set up by agreement
between the soldier and his or her family. In the absence of such an
agreement or a court order, the provisions of Sec. 584.2(d)(2) apply.
Each soldier is expected to keep reasonable contact with family members
to minimize inquiries, claims, and compliants sent to Army officials.
(c) Support by oral agreement, written support agreement, or court
order--(1) Oral agreement. It is not the Army's policy to involve itself
in disputes over the terms or enforcement of oral support agreements.
Where an oral agreement exists and is being followed, the Army need not
and will not interfere. When a dispute arises, the Army will require
compliance only with the provisions of this regulation. Thus, if a
family member complains that a soldier is not sending an agreed upon
amount that is less or more than the minimum required by Sec. 584.2(d),
the commander will advise the soldier to either send the agreed upon
amount or the minimum amount required by Sec. 584.2(d). Section 584.2(d)
applies when the parties cannot reach an oral agreement or the amount
agreed upon is in dispute. In appropriate cases, the commander can order
additional support beyond the minimum amount required by Sec. 584.2(d).
(See Sec. 584.2(j).)
(2) Written support agreement. If the parties are separated and have
a signed written agreement, the amount of support specified in such an
agreement controls. A signed written agreement includes a separation
agreement or a property settlement agreement. A written agreement on
support also may be shown by letters exchanged between the parties in
which the amount of support has been agreed to by the parties. If the
agreement is silent on an amount of spousal and/or child support, the
interim minimum financial support requirements of Sec. 584.2(d)(2)
apply. The amount specified in the written agreement will be deemed
adequate until modified by--
(i) Another agreement reduced to writing and signed by both parties.
(ii) Court order.
(3) Court order. (i) Court orders often contain other financial
obligations, such as provisions for property division, marital property
awards, and payment of medical and other expenses. Commanders have a
responsibility to ensure that soldiers comply with these provisions.
Soldiers will comply with all court-imposed obligations. Failure to do
so may result in costly and time-consuming litigation or court contempt
proceedings. These actions often are to the detriment of the soldier and
the unit's readiness mission. Section 584.2 (d)(1)(i), however, only
applies to court orders directing the soldier to provide financial
support to family members on a periodic basis.
(ii) Court orders under this regulation include those orders issued
by the
[[Page 449]]
courts of the Federal Republic of Germany (FRG). The courts must have
acquired valid jurisdiction consistent with the provisions of articles
32 through 37 of the Supplementary Agreement concerning foreign forces
stationed in the FRG. This agreement supplements the North Atlantic
Treaty Organization Status of Forces Agreement. A soldier will comply
with all other foreign nation court and administrative orders that are
recognized by treaty or international agreement.
(iii) Commanders should be aware that conditions may have changed
greatly from when a court order was issued. For example, a soldier may
have gained other family responsibilies. Many outstanding and
uncontested support orders against soldiers cause severe hardship. Such
orders can only be modified by a court. If a soldier's income appears
inadequate to satisfy an outstanding order and still maintain the
soldier, the commander should urge the individual to consult a legal
assistance attorney. However, the soldier will comply with the terms of
a court order until relieved of this obligation by modification of the
order by a court.
(d) Minimum support requirements. (1) Soldiers will not violate the
following:
(i) Financial support provisions of a court order.
(ii) Financial support provisions of a written support agreement in
the absence of a court order.
(iii) Interim minimum financial support requirements of
Sec. 584.2(d)(2) in the absence of a court order or written support
agreement.
(2) In the absence of a court order or written support agreement,
and until such an order or agreement is obtained, the following interim
minimum financial support requirements apply:
(i) Single family units. (A) Family not living in Government family
quarters. The soldier will provide support in an amount equal to the
soldier's BAQ at the with-dependents rate. This amount of financial
support will be provided for this family unit regardless of whether or
not the soldier is--
(1) Receiving BAQ.
(2) Occupying Government family quarters.
(B) Family living in Government family quarters. While the supported
family is occupying Government family quarters, the soldier will provide
an amount equal to the difference between BAQ at the with- and without-
dependents rate. When the supported family members move out of
Government family quarters, support will be provided in an amount equal
to BAQ at the with-dependents rate for the soldier's rank.
(ii) Multiple-family units. In multi-family unit support situations,
each supported family member will receive a pro-rata share of the BAQ at
the with-dependents rate. This share will be determined by dividing an
amount equal to BAQ at the with-dependents rate for the soldier's rank
by the total number of supported family members (excluding former
spouses). The following modifications apply: First, any court ordered
support will be paid as stated. Secondly, supported families living in
Government family quarters will receive an amount equal to the
difference between BAQ at the with- and without-dependents rate for the
soldier's rank. Lastly, any remaining family members (excluding former
spouses) will receive a pro-rata share of the BAQ amount. This will be
provided regardless of the amount of support paid to other family
members. Following are examples:
(A) Example 1. A soldier is divorced and has three children from
that marriage. The soldier is required by a court order to pay $300 per
month for the children and $100 per month for the former spouse. The
soldier has remarried and has two more family members (spouse and child)
living in private housing. The soldier now has a total of five family
members that he or she must support under Army policy. (A former spouse
does not qualify as a family member in pro-rata determinations.) The
children by the previous marriage must receive $300 and the former
spouse must receive $100 per the court order. The present spouse and
child should receive support equal to two-fifths of BAQ at the with-
dependents rate for the soldier's rank.
(B) Example 2. A soldier has one child by a previous marriage. There
is no court order for child support. The soldier is unable to show that
the court granting the divorce had personal jurisdiction over the
soldier so as to be able to order child support. The soldier has
remarried and has a spouse and two children living in private housing.
The soldier now has a total of four family members that he or she must
support under Army policy.
[[Page 450]]
(These family members are the child by a previous marriage and the
present spouse and two children.) Each family member should receive
support equal to one-fourth of BAQ at the with-dependents rate for the
soldier's rank.
(C) Example 3. A soldier has two children by a previous marriage.
The soldier is required by court order to pay $200 per month for these
children. Also, the soldier is required to pay $75 per month for support
of a child per a court order that has declared him to be the father. He
has remarried and has a spouse and three children living in Government
family quarters. The soldier now has a total of seven family members
that he must support under Army policy. The children by his previous
marriage must receive $200 per the court order. His other child must
receive $75 per the court order. The spouse and children of his present
marriage should receive an amount equal to the difference between BAQ at
the with- and without-dependents rate for the soldier's rank.
(iii) Military members married to one another. In the absence of a
court order or written support agreement, an Army soldier is not
required to provide support to a spouse on active duty in the Armed
Forces.
(iv) Children of military member parents.
(A) Single family units. In the absence of a court order or written
support agreement, the following interim support requirements apply:
(1) Single family units when the Army soldier does not have custody
of any children of the marriage. The Army soldier will pay an amount
equal to the difference between his or her own BAQ at the with- and
without-dependents rate to the military member having custody of the
child or children of the marriage. This amount of financial support will
be provided regardless of which military member, if any, is receving BAQ
or occupying Government family quarters.
(2) Single family units when the Army soldier has custody of the
child or children of the marriage (for example, Army soldier has custody
of one child and spouse has custody of two children). In this situation,
the Army soldier is not required to provide a minimum amount of
financial support for the children in the other military member's
custody.
(B) Multiple-family units. The provisions of Sec. 584.2(d)(2)(ii)
apply. However, the amount in Sec. 584.2(d)(2)(iv)(A) will not be
diminished by proration because of the Army soldier's financial support
obligations to other family members. For example: An Army soldier has an
adopted child from a previous marriage. The soldier is required by court
order to pay $150 per month for this child. The soldier presently is
married to a spouse on active duty with the Air Force. They have two
children from this marriage. The Air Force member and children reside in
private housing. The Army soldier has a total of three family members
that he or she must support. The Army soldier will pay $150 a month to
the adopted child per the court order. The children from the present
marriage will receive an amount equal to the difference between his or
her BAQ at the with- and without-dependents rates for the Army soldier's
rank.
(3) A commander has no authority to excuse a soldier from complying
with the interim minimum support requirements of Sec. 584.2(d)(2) when
they are applicable.
(4) In the absence of a contrary provision in a written support
agreement or court order, monthly financial support to family members
will be sent before the last calendar day of the month for which the
support is due. If the family members are not residing together, the
soldier will ensure each family member receives his or her pro-rata
share. (For example, spouse lives along and the children live with their
grandparents.)
(e) Child custody. (1) A soldier relative, who is aware that another
person is a lawful custodian of an unmarried child under the age of 14
years, will not--
(i) Abduct, taken, entice, or carry away the child from the lawful
custodian.
(ii) Withhold, detain, or conceal the child away from the lawful
custodian.
(2) A ``lawful custodian'' is a person authorized, either along or
together with another person or persons, to have custody and exercise
control over a child less than 14 years of age by order of a court. The
fact that joint custody has been awarded to both parents by a court does
not preclude a violation of this paragraph by the soldier parent.
However, in the absence of a court
[[Page 451]]
order to the contrary, the mother of a child born out of wedlock who is
not then, nor has ever been, married to the father of the child is
deemed the ``lawful custodian'' of that child for the purpose of this
regulation.
(3) A soldier relative is a soldier who is the parent, grandparent,
brother, sister, uncle, aunt, or one who has at some time been the
lawful custodian of the child.
(4) It is a defense to a violation of this paragraph that the
soldier--
(i) At the time of the offense had custody of the child to the
exclusion of others pursuant to a valid order of a court having
jurisdiction over the child; or
(ii) Voluntarily returned the child to the lawful custodian within
96 hours after return was demanded by the lawful custodian.
(f) Relief from the minimum support requirement. (1) Court orders
with financial support provisions.
(i) Court ordered financial support will be by the terms of the
court order. Relief from a court order can only be obtained under the
law. Nothing in this regulation affects or lessens a soldier's legal
obligation to comply strictly with the terms of a court order.
(ii) A soldier who disobeys a court order may be held in contempt of
the court that issued the order. Also, a soldier may be punished for
violating this regulation. It is, however, a defense to any violation of
Sec. 584.2(d)(1)(i) that--
(A) The court issuing the order was without jurisdiction to do so,
and
(B) The soldier at all times has been complying with any of the
following:
(1) The financial support provisions of another court order.
(2) The financial support provisions of a written support agreement.
(3) The interim minimum financial support requirements of
Sec. 584.2(d)(2).
(4) Court orders without financial support provisions.
(iii) A soldier will provide financial support to family members
unless expressly relieved of this obligation by--
(A) Court order.
(B) Written support agreement.
(iv) A soldier will provide financial support under Sec. 584.2(f)(2)
to family members, which meets at least the minimum support requirements
of this regulation. The financial support will be provided even when a
court order contains no provision as to support except as follows:
(A) A soldier has no obligation to provide financial support to a
former spouse except by order of court.
(B) A soldier has no obligation to provide financial support to
minor children of the marriage if he or she can show the following:
(1) The court issuing the final order of divorce had personal
jurisdiction over the soldier to order child support.
(2) The soldier is not receiving BAQ at the ``with dependents'' rate
based solely on the support of the minor children in question.
(3) Written support agreements. If a financial support obligation is
evidenced by a written agreement between the parties, the soldier can
only be relieved of this obligation by another written agreement or by
court order.
(4) Greater spousal income. In the absence of a written support
agreement or court order, a soldier has no obligation to support a
civilian spouse who is receiving an annual income equal to or greater
than the annual gross pay of the soldier. The income of the spouse does
not affect the soldier's obligation to provide financial support to the
children of that marriage in the physical custody of the spouse on a
pro-rata basis. Example: A soldier is living in Government family
quarters with one of their children. The soldier's spouse deserted the
soldier and lives in private housing with their other child. The
soldier's spouse earns $5,000 more in annual income from a civilian job
than the soldier earns in annual gross pay. There is no court order or
written support agreement. The soldier has a total of three family
members. However, under Army support policy, the soldier does not have
to provide a pro-rata share of financial support to the spouse because
the spouse's income exceeds that of the soldier. (Note that under
Sec. 584.2(a)(3) marital misconduct is not a relevant consideration.)
The soldier must support the child in Government family quarters. In
addition, the soldier must provide an amount equal to one-third of BAQ
(pro-rata share) at the ``with dependents'' rate to the
[[Page 452]]
spouse on behalf of the child living with the spouse.
(2) [Reserved]
(g) Commander's inquiries. (1) If a soldier denies he or she has a
financial obligation to support a spouse or children for any reason, the
soldier's commander will--
(i) Inquire into the matter.
(ii) Consult with the SJA prior to determining whether or not there
is a support obligation. If there is no support obligation, BAQ at the
``with dependents'' rate should be stopped.
(2) If a soldier claims he or she has made support payments as
required by this regulation, the soldier's commander will--
(i) Request the soldier to provide proof of payment in one of the
following forms:
(A) Canceled personal checks.
(B) Leave and earnings statements showing allotments.
(C) Postal or money order receipts accompanied by a sworn statement
from the soldier that the order was sent to the family member. If
possible, evidence that the postal or money order was cashed by the
complaining party should be provided.
(D) Other acceptable evidence of payment.
(ii) Consult with the SJA, if necessary, to determine whether the
soldier has provided enough proof of payment.
(3) If a soldier is suspected of violating a child custody or
visitation rights in a court order, the soldier's commander will--
(i) Inquire into the matter.
(ii) Consult with the SJA prior to taking action.
(4) In any case in which the soldier is suspected of violating this
regulation (Sec. 584.2(d) or (e)), or of having committed other
offenses, the commander, prior to questioning the soldier, will advise
him or her of--
(i) The suspected offense.
(ii) The right to remain silent under article 31, UCMJ.
(iii) The right to counsel under the Fifth Amendment.
(h) Form of support payment. (1) Unless otherwise provided in the
court order or by agreement, a financial support payment will be made in
one of the following ways:
(i) In cash.
(ii) By check or money order.
(iii) By allotment.
(2) A soldier will receive credit for payments made to others on
behalf of, and with the agreement of, the supported family members.
Examples of support provided in kind include--
(i) Rent.
(ii) Utility services.
(iii) Interest and principal due on loans, mortgages, or charge
accounts.
(iv) Insurance payments.
(i) Arrearages.
(1) General. A soldier who falls into arrears without legal
justification or excuse is in violation of Sec. 584.2(d).
(2) Court orders and written support agreements.
(i) Amounts in arrears based on a past failure to comply with a
court order or written support agreement will be paid at once in a lump
sum amount. If an immediate lump sum payment is impractical, soldiers
are expected to work out arrangements with the court or the affected
family members to pay arrearages on a scheduled basis. If arrangements
can not be worked out, commanders will intervene and order payment of
arrearages on a scheduled basis based on the soldier's ability to pay.
(ii) When arrearages arise from noncompliance with court orders and
written support agreements, this may result in--
(A) Garnishment of the soldier's pay account (Sec. 584.8).
(B) Initiation of an involuntary allotment against the soldier's pay
account (Sec. 584.9).
(C) Contempt of court proceedings.
(D) Recoupment of BAQ received by the soldier.
(iii) Administrative or punitive action may be taken on a violation
of this regulation for any month in which the soldier failed to provide
the required financial support even if the amount in arrears eventually
is paid.
(3) Interim minimum financial support requirements. A soldier should
be encouraged to pay the amount in arrears based on past noncompliance
with the interim minimum financial support requirements (Sec. 584.2(d)
(1)(iii)
[[Page 453]]
and (2)). However, a soldier cannot be ordered to pay such an amount.
Nevertheless, administrative or punitive action may be taken on a
violation of this regulation for any month in which the soldier failed
to provide the required financial support even if the amount in arrears
eventually is paid. Also, failure to provide required financial support
in the past may be considered, together with other factors, in a
commander's determination of the amount of additional support that may
be ordered. (See Sec. 584.2(j).)
(j) Additional support where there is no support agreement or court
order.
(1) Ordinarily, a soldier should not be required to provide
financial support beyond that required by Sec. 584.2(d)(1)(iii).
However, a soldier should provide additional support within his or her
ability to meet the basic financial needs of family members when the
interim support requirements of this regulation are shown to be
inadequate.
(2) If there is a demonstrated need for immediate and temporary
additional support because of unexpected and unforeseen circumstances
and the parties are unable to agree on such additional support, a
commander may order temporary additional support.
(3) Commanders will consider the following factors in determining
the amount of additional support, if any, that a soldier should provide
when a request for additional support is received:
(i) The pay, allowances, separate income, and other financial
resources of both the soldier and the family member for whom additional
support is requested.
(ii) The earning capacity of the family member on whose behalf
support is requested.
(iii) The financial savings of the soldier and family member.
(iv) The separate and joint debts of the soldier and family member,
by whom those debts were incurred, and the reasons behind them.
(v) The soldier's duty to provide financial support to other family
members, including former spouses.
(vi) The financial needs of the soldier and the family member and
whether these needs are temporary or permanent in nature.
(vii) The standard of living of the soldier and family member and
whether such standard of living is reasonable under the circumstances.
(viii) With regard to spousal support, the duration of the marriage
and the circumstances under which the parties separated.
(ix) The extent of the soldier's or family member's compliance with
existing court orders and written support agreements. This includes
those provisions dealing with child custody, visitation rights, property
division, and marital property awards.
(x) The amount in arrears owed by the soldier based on past
noncompliance with the minimum support requirements. (See Sec. 584.2 (d)
and (i).)
(xi) Any other fact which, in the judgment of the commander, has a
logical bearing upon the amount of additional support the soldier
reasonably should be expected to provide.
(k) Procedure for making complaints. (1) Complaints about nonsupport
of family members and noncompliance with court orders on financial
support and child custody should be sent through command channels. The
complainant should be referred to the immediate commander of the soldier
concerned.
(2) The Inspector General (IG) may assist in properly routing the
complaint. The IG also may assist if the responsible commander has
failed to respond in a satisfactory manner or as required by this
regulation. (See AR 20-1, para 4-9.)
(3) The USACFSC (DACF-IS-PA) has set up an office to assist in these
cases. USACFSC will provide policy interpretations and guidance on
unresolved or complex cases, as needed. USACFSC normally will go through
command channels to the immediate commander of the soldier concerned
requesting that action be taken under this regulation.
(4) Family members who present complaints against a military member
of another Service (Air Force, Marine Corps, Navy, or Coast Guard)
should be referred to the appropriate Service.
(l) Commander's actions. (1) Upon receipt of a complaint of
nonsupport or noncompliance with court orders, including provisions on
child custody or
[[Page 454]]
visitation rights, the commander will review the complaint. He or she
will do the following if the information is incomplete:
(i) Acknowledge receipt of the complaint.
(ii) Explain that the information or documentation sent is not
enough to give proper help.
(iii) If appropriate, send the complainant DA Form 5460-R (Request
for Help in Receiving Support and/or Identification Cards for Family
Members).
(iv) Advise that help will be given with the complaint upon return
of the completed form and other requested information and documents.
(v) If appropriate, advise that DA Form 5460-R alone is not enough
documentation for issuance of a dependent identification card (ID card)
(AR 640-3). Documentation (that is, court orders, birth certificates,
marriage certificates, etc.) must be provided to support eligibility for
benefits.
(vi) Answer any policy or procedural questions that have been asked.
(2) Upon receipt of DA Form 5460-R or a complaint that has enough
information to properly respond, the commander will--
(i) Review soldier's legal financial obligations in light of the
complaint and the facts presented by all parties concerned.
(ii) If necessary, ask the SJA if the complaint is valid, if the
soldier must provide financial support or give up custody of children,
and any other related questions.
(iii) Notify the soldier of the complaint of nonsupport or of a
violation of a child custody court order.
(iv) Require the soldier to complete and sign DA Form 5459-R.
Information obtained from a system of records ordinarily will not be
released outside DOD without the soldier's consent. (See Sec. 584.1(f).)
(v) If the soldier is suspected of violating this regulation or of
having committed other offenses, the commander, prior to questioning the
soldier, will also advise him or her of--
(A) The suspected offense.
(B) The right to remain silent under article 31, UCMJ.
(C) The right to counsel under the Fifth Amendment.
(vi) Explain the following to the soldier:
(A) The Army's policies regarding support of family members and
compliance with court orders.
(B) That refusal to give required support per this regulation may
result in administrative or punitive action.
(C) That a soldier is not entitled to BAQ at the ``with dependents''
rate when no part of the allowance is given to family members.
Therefore, collection action may be initiated by the Army.
(vii) Explain what garnishment is (Sec. 584.8) and how it might
affect the soldier's pay, allowances, and allotments. For example,
explain that the amount garnisheed monthly might significantly exceed
monthly support obligations previously agreed upon.
(viii) Tell the soldier of any court order for attachment or
garnishment that has been received. Immediately send the court documents
to the Commander, U.S. Army Finance and Accounting Center (USAFAC),
ATTN: FINCL-G, Indianapolis, IN 46249-0260 for action. (See
Sec. 584.8(b).) Also, inform the soldier that if the document is in
proper legal form, a portion of the soldier's pay and allowances will be
garnisheed.
(ix) Explain involuntary allotments (Sec. 584.9) if appropriate.
(x) Coordinate with the soldier's servicing finance and accounting
office (FAO) for problems of pay, allowances, and allotments.
(xi) Urge soldiers to provide continuous support to family members
by allotment. The allotment should be for the mutually agreed amount,
court order, or as computed under this regulation. An account may be set
up in a financial institution by the recipient to receive the allotment.
This action may preclude delays in receipt and other related problems in
the future.
(xii) Help the soldier start an allotment to make the required
support payments. Also, advise the soldier to let the commander know if
there is a change or stoppage to the support allotment.
(xiii) Give the soldier a chance to consult with a legal assistance
attorney if he or she desires. However, the commander should ensure that
this is
[[Page 455]]
not used as a delaying tactic. Where appropriate, a support payment plan
should be initiated without delay.
(xiv) Urge soldiers thinking about divorce to seek legal advice from
a legal assistance attorney. Also, advise the soldier to ensure an
amount of support is included in the court order for their children.
This action may help to prevent future disputes.
(xv) Ensure that the soldier is not receiving BAQ at the ``with
dependents'' rate when not entitled to it. (See Sec. 584.7.)
(xvi) Ask the soldier about his or her intentions. Give the soldier
the chance to furnish a voluntarily signed statement admitting or
denying the complaint and stating his or her intentions.
(xvii) Send complaints received to the soldier's new duty station if
he or she has been reassigned. Advise the complainant of the soldier's
reporting date and the unit address to which correspondence should be
sent. If proper, give the complainant a copy of DA Form 5460-R.
(3) Advise the complainant courteously and promptly--
(i) Of the Army policy in suitable areas of concern.
(ii) Of the soldier's intentions, if the soldier allows release of
the information.
(iii) That personal problems outside the requirements of this
regulation must be resolved in court if the parties cannot agree.
(4) If proper to the situation, remind complainant of other helping
agencies on post, such as the chaplain and Army Community Service. These
agencies can give timely, interim help to meet immediate needs pending a
more permanent resolution of the problem.
(5) Retain the statements allowing or forbidding release of
information to the complainant and the soldier's intentions with the
case file for future reference. Documents/records will be filed per AR
600-37 and the Army Functional Files System (AR 340-2 and AR 340-18).
(6) Monitor actions closely to ensure promises of support or other
actions by soldiers to complainants are being met.
(7) Consider administrative or punitive action if proper.
(8) Inform the first level field grade commander of the soldier's
repeated failure to meet the requirements of this regulation. Also,
point out actions taken or contemplated to correct instances of
nonsupport of family members or violations of child custody court
orders.