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132 Mil. L. Rev. 67 (1991)
Resolving Child Support Issues beyond the Scope of AR 608-99

handle is hein.journals/milrv132 and id is 73 raw text is: RESOLVING CHILD SUPPORT ISSUES BEYOND THE SCOPE OF AR 608-99 by Major Mark J. Connor* I. INTRODUCTION According to a Ford Foundation study cited in recent congressional hearings, forty-two percent of white babies born in America will live with a single parent by the time they reach eight years old and ex- perience a major spell of poverty during that time. Eighty-six per- cent of black babies born in America will live with a single parent before they reach eight years old; these children will live in poverty most of that time.2 Meanwhile, only ten percent of the custodial parents receiving welfare assistance also receive fimancial support from the noncustodial parent.3 The problem of inadequate support of children by their noncustodial parents therefore has become a mat- ter of national concern. In a typical military legal assistance practice, child support issues have their genesis in a variety of circumstances. Often, they must be addressed during the drafting of separation agreements. They arise after a soldier admits or is proven to be the father of an illegitimate child. Finally, they arise when a custodial parent seeks to establish or enforce a child support order against the noncustodial parent. In these situations, legal assistance attorneys can expect to represent soldiers, retirees, or civilian custodial parents.4 *Judge Advocate General's Corps, U.S. Army. Currently assigned as Instructor, the Administrative and Civil Law Division, The Judge Advocate Generars School, Chariot- tesville Virginia, 1990 to present. Formerly assigned as Trial Counsel, 2d Armored Division (Forward), 1983-1985; and as Litigation Attorney, Department of the Army Environmental Law Division, 1986-1989. B.A., Westminster College, 1979; J.D. Univer- sity of Missouri-Columbia, 1982; and LL.M., The Judge Advocate General's School, 1990. Member of the Missouri State Bar. 'Implementing the Family Support Act of 1988: Hearings Brfore the Subconin. on Social Security and Family Pblicy of the Senate Comnv. on Finance, 101st Cong., 1st Sess. 8 (1989). 2Id. 3id. at 13. 4A civilian custodial parent who is the ex-spouse of a soldier or retiree usually is not entitled to legal assistance in his or her own right. The custodial parent can, however, seek legal assistance on behalf of the minor child of the soldier or retiree. See Army Reg. 27-3, Legal Services: Legal Assistance, para. 2-4 (10 March 1989).