[Code of Federal Regulations]
[Title 32, Volume 5]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR733.4]

[Page 368-369]
 
                       TITLE 32--NATIONAL DEFENSE
 
                   CHAPTER VI--DEPARTMENT OF THE NAVY
 
PART 733_ASSISTANCE TO AND SUPPORT OF DEPENDENTS; PATERNITY COMPLAINTS
--Table of Contents
 
Sec. 733.4  Complaints of nonsupport and insufficient support of 
dependents.

    (a) Upon receipt of a complaint alleging that a member is not 
adequately supporting his or her lawful dependents (spouse or children), 
the member will be interviewed and informed of the policy of the 
Department of the Navy concerning support of dependents. In the absence 
of a determination by a civil court or a mutual agreement of the 
parties, the applicable guide in Sec. 733.3 will apply. The member will 
be informed that his/her Navy or Marine Corps career may be in jeopardy 
if he/she does not take satisfactory action. The member may become 
ineligible to reenlist or extend enlistment (in the case of enlisted 
members), and may be subject to administrative or disciplinary action 
that may result in separation from the Navy or Marine Corps.
    (1) Waiver of support of spouse. If the member feels that he or she 
has legitimate grounds for a waiver of support for the spouse, the 
Director, Navy Family Allowance Activity or in the case of a member of 
the U.S. Marine Corps, the general court-martial convening authority, 
may grant such a waiver for support of a spouse (but not children) on 
the basis of evidence of desertion without cause or infidelity on

[[Page 369]]

the part of the spouse. The evidence may consist of--
    (i) U.S. Navy members. An affidavit of the service member, relative, 
disinterested person, public official, or law enforcement officer, and 
written admissions by the spouse contained in letters written by that 
spouse to the service member or other persons. However, affidavits of 
the service member and relatives should be supported by other 
corroborative evidence. All affidavits must be based upon the personal 
knowledge of the facts set forth; statements of hearsay, opinion, and 
conclusion are not acceptable as evidence.
    (ii) U.S. Marine Corps members. The Marine's commander may consider 
all pertinent facts and circumstances. The general court-martial 
convening authority my consider any reliable evidence including, but not 
necessarily limited to, the following: affidavits of the Marine, 
relatives, or other witnesses; admissions of the spouse, including 
verbal and written statements or letters written by the spouse to the 
Marine or other persons; pertinent photographs or court orders; and 
admissions by the person with whom the spouse allegedly had sexual 
liaisons. Witness statements should ordinarily state facts that were 
personally observed. Statements that merely state a conclusion without 
providing the personal observations on which the conclusion is based are 
generally unpersuasive.
    (iii) The request for waiver of support of a spouse should be 
submitted to the Director, Navy Family Allowance Activity or in the case 
of a member of the U.S. Marine Corps, the general court-martial 
convening authority, with a complete statement of the facts and 
substantiating evidence, and comments or recommendations of the 
commanding officer.
    (2) Action. After a written complaint that a member has failed or 
refused to furnish support for his or her spouse or children has been 
received, and the member has been counseled with regard to his/her 
rights and obligations in the support matter, continued failure or 
refusal, without justification, to furnish support for dependents in 
accordance with the provisions of a valid court order, written 
agreement, or, in the absence of a court order or agreement, the 
appropriate support guide set forth above, will be a basis for 
consideration of disciplinary or administrative action which may result 
in the member's separation from active service.
    (b) [Reserved]

[44 FR 42190, July 19, 1979, as amended at 65 FR 62618, Oct. 19, 2000]