Justice sometimes comes with a price. In some instances, a military dependent can lose their financial provider when testifying against that same provider who abused them.
It is in these situations that federal law authorizes payment of Transitional Compensation for abused Family members.
The TC program is designed to partially alleviate the financial hardship on abused dependents for providing the information necessary to take action against the alleged abuser.
This program is a significant resource for commanders, trial counsel and most importantly, the effected family members.
Who can receive this compensation?
To be eligible for this program certain conditions must be met. First, an individual must be a dependent of a member of the Armed Forces who is on active-duty orders for more than 30 days. Second, the service member must be one of the following:
Separated from active-duty under court martial sentence resulting from dependent-abuse offense;
Administratively separated from active-duty if the basis for separation includes a dependent-abuse offense; or
Sentenced to forfeiture of all pay and allowances by a court-martial which has convicted the member of a dependent abuse offense.
What kind of compensation is available?
Monthly payments to a spouse will be at the rate in effect for the payment of dependency and indemnity compensation under Section 1311(a)(1), Title 38, United States Code.
In addition to TC payments, TC beneficiaries are entitled to Commissary and Army Exchange Service privileges as long as payments are received.
TC beneficiaries may also receive medical or dental care in facilities of the Uniformed Services or through TRICARE during the full entitlement period.
When do benefits start?
Benefits start the date the administrative separation is initiated or a court martial is approved.
When do these benefits terminate?
The maximum duration of the compensation payment is 36 months. Payments will be forfeited if the spouse remarries and will not be resumed if the remarriage ends.
If payments to the spouse are terminated due to remarriage and there is a dependent child not living in the same household as the spouse or service member, payments will be made to the dependent child.
If the Soldier resides in the same household as the spouse or dependent child to whom compensation is otherwise payable, payment will terminate as of the date the Soldier begins residing in the household.
Once terminated for this reason, payment will not resume regardless of subsequent living arrangements with the Soldier.
If the victim was a dependent child and the spouse has been found by the installation or garrison commander to have actively aided or abetted the Soldier in such conduct against that dependent child, the spouse or dependent child living with the spouse will not be paid TC.
If you have additional questions or think that you might be entitled to TC, please contact Army Community Service at 396-5521 or XVIII Legal Assistance Office at 396-6113.