LEGAL ISSUES

The Coast Guard does have a Legal Assistance Program. Dependents of members and former members may be eligible to use this program as well. Below is an abbreviated list of common legal issues directly affecting Coast Guard spouses. If you have any questions about something not listed here, please send your inquiry to our Semper Gumby Support Department: www.coastguardfamily.org/sempergumby.htm

Adoption – From the USCG.mil website, “Complete legal services, including form preparation are provided for uncontested, stepparent adoptions, and the service member may be entitled to the reimbursement of some expenses. There are also income tax issues related to adoptions. Call your nearest DoD or USCG Legal Assistance Attorney (LAA) to schedule a free appointment to discuss adoptions of all types.”

Alimony / Child Support / Other temporary support – See PERSMAN M111.6a, C. 8, § M, ¶ 3 for information on child support during the pendency of any legal action and only when there is no Judgment of Support or Divorce, which sets forth the following support formulas in greater detail.

• Support for spouse only – no children:  BAH-Diff, plus 20% of base pay
• Support for spouse and one child:  BAH-Diff, plus 25% of base pay
• Support for spouse and two or more children:  BAH-Diff, plus 30% of base pay
• No spouse – just one child: 1/6 of base pay.
• No spouse - 2 children: 1/4 of base pay.
• No spouse - 3 or more children: 1/3 of base pay.

BAH-Diff is the difference between BAH at the With-Dependents Rate, and BAH at the Without-Dependents Rate.

In addition, please note there are Federal regulations which govern child support collection from Coast Guard personnel. See 5 C.F.R. Part 581.

Also see, Child Support and Alimony Fact Sheet provided by DFAS http://www.dfas.mil/garnishment/retiredmilitary/childsupportandalimonyfactsheet.html.

Coast Guard personnel locater:         US Coast Guard, Personnel Command
                                                                     2100 2nd St. W
                                                                     Washington, DC 20593
                                                                     (202) 267-1340
                                                                     fax (202) 267-4985

Divorce / Separation – Every state addresses domestic relations issues differently. Please speak to an attorney about your specific situation for the most accurate and up to date information. If you cannot afford an attorney, you may be eligible for pro bono or reduced rate legal services. Contact your state’s bar association for a referral and more information on financial assistance.

Domestic Violence  - Domestic violence is a crime. While it is not specifically addressed in the Manual for Courts Martial, members guilty of domestic violence can be processed under the UCMJ for assault and also face civilian legal charges.

Please see the Family Advocacy Program instruction (COMDTINST 1750.7B), contact Work Life, and/or contact CGIS to report acts of domestic violence involving Coast Guard personnel.

Health Insurance – “[M]embers of the military are expected to provide health insurance coverage to their dependents (unless the custodial parent and child have satisfactory health insurance) because the United States makes health insurance available to the dependents of military members.

(http://www.acf.hhs.gov/programs/cse/pubs/training/working_with_military)

Defense Finance and Accounting Service reports, “The maximum that can be paid to a former spouse under the USFSPA is fifty percent (50%) of a member's disposable retired pay. In cases where there are payments both under the USFSPA and pursuant to a garnishment for child support or alimony under 42 U.S.C. 659, the total amount payable cannot exceed sixty-five percent (65%) of the member's disposable retired pay. The right to payments under the USFSPA terminates upon the death of the member or former spouse, unless the applicable court order provides that the payments terminate earlier.”

The information contained herein is purely informational and is not to be construed as legal advice. Any individual reading the above is urged to contact legal counsel of their own choosing and make informed decisions based on his/her own research and advice from a licensed attorney at law. Coast Guard Family Organization, Inc. is not a legal service provider.