[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: 32CFR734.4]

[Page 372-373]
 
                       TITLE 32--NATIONAL DEFENSE
 
                   CHAPTER VI--DEPARTMENT OF THE NAVY
 
PART 734_GARNISHMENT OF PAY OF NAVAL MILITARY AND CIVILIAN PERSONNEL 
FOR COLLECTION OF CHILD SUPPORT AND ALIMONY--Table of Contents
 
Sec. 734.4  Responsibilities.

    (a) Designated officials. Within their respective areas of 
cognizance as set forth in Sec. 734.3, the designated officials are 
responsible for the following functions with regard to legal process:
    (1) Sending such notifications and directions to the member 
concerned and his or her commanding officer as may be required.
    (2) Obtaining or providing an appropriate review by qualified legal 
counsel.
    (3) Taking or directing actions, temporary and final, as are 
necessary to comply with 42 U.S.C. 659, as amended (see Sec. 734.3(b)), 
the MCO 5800.16A, Marine Corps Manual for Legal Administration 
(LEGADMINMAN), Navy Comptroller Manual, and the court's order in the 
case, and
    (4) Apprising the cognizant United States Attorney of the Department 
of the Navy's disposition, as required, and, in coordination with the 
Judge Advocate General, effecting liaison with the Department of Justice 
or United States Attorneys in instances of noncompliance with process or 
other circumstances requiring such action.
    (b) Command responsibility. (1) The Commanding officer of the member 
or employee concerned shall, upon receipt of notification from the 
appropriate designated official, ensure that the member or employee has 
received written notification of the pendency of the action and that the 
member or employee is afforded counseling concerning his or her 
obligations in the matter, and legal assistance if applicable, in 
dealing with the legal action to affect his or her Federal pay. The 
commanding officer shall comply with the directions of the designated 
official in responding to the legal process.
    (2) For the purposes of this part, the Director, Navy Family 
Allowance Activity, Cleveland, Ohio, will function as the commanding 
officer with regard to retired Navy military personnel and members of 
the Fleet Reserve.
    (c) Legal services. The Judge Advocate General is responsible for 
the following functions pertaining to legal process within the purview 
of this part:
    (1) Providing overall technical direction and guidance, as required, 
for all Department of the Navy military and

[[Page 373]]

civilian attorneys engaged in reviewing such process or advising on its 
disposition.
    (2) Ensuring, as Director, Naval Legal Sevice, the availability of 
attorneys in Naval Legal Service Offices who are qualified to advise and 
assist the designated officials concerning the disposition of legal 
process, and
    (3) Where required, ensuring effective liaison with the Department 
of Justice or United States Attorneys.

[44 FR 42193, July 19, 1979, as amended at 65 FR 62619, Oct. 19, 2000]