Redlegg
(Carpal \'Tunnel)
02/13/10 01:51 PM
Re: Filing contempt (non pmt of cs, mom in army)

w ww.dfas.mil/militarypay/garnishment/childsupportandalimony.html


Federal law authorizes the pay of active, reserve, and retired members of the military and the pay of civilian employees of the Federal government to be garnished (or attached) for the payment of child and/or spousal support. The law is found at 42 U.S.C. 659, and the implementing regulation is found at 5 C.F.R. Part 581.

To implement a garnishment or wage attachment against any member of the military or any civilian employee of the Department of Defense (DoD), an income withholding order or similar process must be served upon DFAS at the following address:

Defense Finance and Accounting Service
Cleveland DFAS-DGG/CL
PO Box 998002
Cleveland Ohio 44199-8002
1-888-332-7411 (toll free Customer Service)

The order submitted cannot be the divorce decree or other order that directs the individual (obligor) to make the payment. Rather, the order must direct the government, as the employer, to withhold moneys and remit payments to satisfy the support obligation. The withholding order need not name the specific government office in which the obligor is employed. The order must provide the appropriate information about the person to receive payment.

For your withholding order to be processed, it must include the obligor's full legal name and social security number. Also, please include your return address on any correspondence, not only on the mailing envelope.

Questions concerning the child support and alimony processes can be directed to 1-888-DFAS-411 or 1-888- 332-7411.


I would not contact the 1SG, because you can get the CS started and any arrears included, and it will be taken care of automatically. If at some point in the future, there were to be an issue, than sure. At this point, you send the order, you start getting your money, anything else just makes her life miserable. She did it, she is responsible, and you surely can do it, but if it is not needed, then why do it. But that is just my take on it.

Also:

w ww.dfas.mil/militarypay/garnishment/supp-qa.html


Can I collect a child support/alimony arrearage?
Yes, if the withholding order directs the collection of an arrearage. The arrearage will be paid within the limits the law allows, as discussed below.


The Consumer Credit Protection Act (15 U.S.C. 1673) limits the amount that can be deducted as child support/alimony from earnings. The limit ranges from 50 percent (50%) of disposable earnings to sixty-five percent (65%). The full ordered amount of child support/alimony will be deducted as long as that amount does not exceed the maximum percentage allowable. The following is an explanation of when the different maximum percentages apply:


50% of disposable earnings is the maximum percentage allowable if the obligor provides proof that he/she is providing more than half the support of dependents other than those for whom the support is to be deducted, and if the payor has not accrued an arrearage.
55% of disposable earnings is the maximum percentage allowable if the obligor provides proof that he/she is providing more than half the support of dependents other than for those whom the support is to be deducted, and if the payor has accrued an arrearage.
60% of disposable earnings is the maximum percentage allowable if the obligor has not provided proof that he/she is providing more than half the support of dependents other than those for whom the support is to be deducted, and if the payor has not accrued an arrearage.
65% of disposable earnings is the maximum percentage allowable if the obligor has not provided proof that he/she is providing more than half the support of dependents other than those for whom the support is to be deducted, and if the payor has accrued an arrearage. 15 U.S.C. 1673(b)(2)(A) and (B)
REMEMBER: THE PERCENTAGE AMOUNTS WILL ONLY BE DEDUCTED IF THE PAYOR DOES NOT HAVE SUFFICIENT DISPOSABLE EARNINGS TO ALLOW FOR THE FULL ORDERED AMOUNT TO BE DEDUCTED.



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