(a) General.(1) Pub. L. 93-647 (42 U.S.C. 659) permits garnishment, attachment, or assignment of Federal wages and retirement payments to enforce court-ordered child support and alimony obligations that are in arrears. It includes foreign court orders when—
(i) Required by treaty or international agreement. (A soldier is subject to garnishment for child support issued by the FRG only while physically stationed in Germany.)
(ii) Recognized by a court of competent jurisdiction. Applicable State laws govern legal procedures to be used by complainants. Jurisdictional or procedural challenges to garnishment actions remain the responsibility of individual members.
(2) In the absence of State law more favorable to the soldier, 15 U.S.C. 1673 limits the amount of pay that can be garnisheed as follows:
(i) Fifty percent of disposable pay when a soldier is supporting a spouse or dependent child who is not the subject of the support order. (See § 584.8(a)(3) for an explanation of disposable pay.)
(ii) Sixty percent of disposable pay when a soldier is not supporting such spouse or dependent child.
(iii) An additional 5 percent in each of the above cases if payments are more than 12 weeks overdue.
(3) The items of pay listed in § 584.8(a)(3)(i) are subject to garnishment except for amounts deducted for the items listed in § 584.8(a)(3)(ii).
(i) Items of pay and bonus subject to garnishment.
(A) Basic pay.
(B) Special pay (including enlistment and reenlistment bonuses).
(C) Incentive pay.
(D) Inactive duty training pay.
(E) Academy officials pay (except personal money allowances).
(I) Separation payments (readjustment pay and severance pay).
(ii) Deductions not subject to garnishment.
(A) Federal income tax withholding.
(B) State income tax withholding.
(C) Servicemen's Group Life Insurance.
(D) Social Security taxes (Federal Insurance Contributions Act).
(E) United States Soldier's and Airmen's Home.
(F) Survivor Benefit Plan.
(G) Retired Servicemen's Family Protection Plan.
(H) Indebtedness to the United States and delinquent Federal taxes.
(I) Fines and forfeitures ordered by a court-martial or commander.
(b) USAFAC procedures. The USAFAC will process most garnishment orders. Unless the order is contrary to Federal law or the laws of the jurisdiction from which it was issued, the soldier's pay will be garnished per the court order. Garnishment orders will be sent by certified or registered mail to the Commander, USAFAC, ATTN: FINCL-G, Indianapolis, IN 46249-0160. However, all legal process issued by German courts will be processed under DODPM, section 70710, when the soldier is stationed in the FRG. The documents must expressly state they pertain to child support or alimony. Also, the name and social security number (SSN) of the soldier must be included. The submission of a divorce decree or support order alone is not enough, as a garnishment order is required.
Title 32 published on 2012-07-01
no entries appear in the Federal Register after this date.
This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.