[Code of Federal Regulations]
[Title 5, Volume 1]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR581.102]

[Page 604-606]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 581--PROCESSING GARNISHMENT ORDERS FOR CHILD SUPPORT AND/OR ALIMONY--Table of Contents
 
                   Subpart A--Purpose and Definitions
 
Sec. 581.102  Definitions.

    In this part: (a) The executive branch of the Government of the 
United States means all ``governmental entities'' as defined in this 
section, including therein the territories and possessions of the United 
States, the United States Postal Service, the Postal Rate Commission, 
any wholly owned Federal corporation created by an Act of Congress,

[[Page 605]]

and the government of the District of Columbia.
    (b) Governmental entity means each department, both civilian and 
military, agency, independent establishment, or instrumentality of the 
executive branch, including the United States Postal Service, the Postal 
Rate Commission, any wholly owned Federal corporation created by an Act 
of Congress, any office, commission, bureau, or other administrative 
subdivision or creature of the executive branch, and the governments of 
the District of Columbia and of the territories and possessions of the 
United States.
    (c) Private person means a person who does not have sovereign or 
other special immunity or privilege which causes that person not be be 
subject to legal process.
    (d) Child support means the amounts required to be paid for the 
support and maintenance of a child, including a child who has attained 
the age of majority under the law of the issuing State, or a child and 
the parent with whom the child is living, which provides for monetary 
support, health care, arrearages or reimbursement, and which may include 
other related costs and fees, interest and penalties, income 
withholding, attorney's fees, and other relief.
    (e) Alimony means periodic payments of funds for the support and 
maintenance of the spouse (or former spouse) of the individual, and 
(subject to and in accordance with State law) includes separate 
maintenance, alimony pendente lite, maintenance, and spousal support, 
and includes attorney's fees, interest, and court costs when and to the 
extent that the same are expressly made recoverable as such pursuant to 
a decree, order, or judgment issued in accordance with applicable State 
law by a court of competent jurisdiction. Alimony does not include child 
support or any payment or transfer of property or its value by an 
individual to the spouse or a former spouse of the individual in 
compliance with any community property settlement, equitable 
distribution of property, or other division of property between spouses 
or former spouses.
    (f) Legal process means any writ, order, summons, notice to withhold 
income pursuant to subsection (a)(1) or (b) of section 666 of title 42, 
United States Code, or other similar process in the nature of 
garnishment, which may include an attachment, writ of execution, court 
ordered wage assignment, or in the case where a child support order is 
submitted by a child support agency using the standard Order/Notice to 
withhold income for child support as required by section 324 of Pub. L. 
104-193 and which--
    (1) Is issued by:
    (i) A court of competent jurisdiction, including Indian tribal 
courts, within any State, territory, or possession of the United States, 
or the District of Columbia;
    (ii) A court of competent jurisdiction in any foreign country with 
which the United States has entered into an agreement that requires the 
United States to honor such process; or
    (iii) An authorized official pursuant to an order of a court of 
competent jurisdiction or pursuant to State or local law; or
    (iv) A State agency authorized to issue income withholding notices 
pursuant to State or local law or pursuant to the requirements of 
section 666(b) to title 42 of the United States Code; and
    (2) Is directed to, and the purpose of which is to compel, a 
governmental entity, to make a payment from moneys otherwise payable to 
an individual, to another party to satisfy a legal obligation of the 
individual to provide child support, alimony or both.
    (g) Legal obligation means an obligation to pay alimony and/or child 
support that is enforceable under appropriate State or local law. A 
legal obligation may include current as well as past due alimony and/or 
child support debts depending on the law in the jurisdiction from which 
the legal process was issued.
    (h) Obligor means an individual having a legal obligation to pay 
alimony and/or child support.
    (i) Remuneration for employment means compensation paid or payable 
for personal services, whether such compensation is denominated as 
wages, salary, commission, bonus, pay, or otherwise, and includes, but 
is not limited to, those items set forth in Sec. 581.103.

[[Page 606]]

    (j) Party means the person or persons to whom alimony and/or child 
support payments should be made, or, in the case of an agency 
established by State or local law, the agency which has been assigned, 
by law or by agreement, the right to receive such payment or payments.
    (k) Individual obligee means any individual or entity other than a 
State agency authorized to issue income withholding notices pursuant to 
the requirements of section 666(b) to title 42 of the United States 
Code.

[45 FR 85667, Dec. 30, 1980, as amended at 48 FR 26279, June 7, 1983; 55 
FR 1355, Jan. 16, 1990; 63 FR 14757, Mar. 26, 1998]