[Code of Federal Regulations]
[Title 5, Volume 1]
[Revised as of January 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR581.101]

[Page 664-665]
 
                    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. 581.101  Purpose.




                    Subpart A_Purpose and Definitions

Sec.
581.101 Purpose.
581.102 Definitions.
581.103 Moneys which are subject to garnishment.
581.104 Moneys which are not subject to garnishment.
581.105 Exclusions.
581.106 Future payments.

                      Subpart B_Service of Process

581.201 Agent to receive process.
581.202 Service of process.
581.203 Information minimally required to accompany legal process.

                    Subpart C_Compliance With Process

581.301 Suspension of payment.
581.302 Notification of obligor.
581.303 Response to legal process or interrogatories.
581.304 Nonliability for disclosure.
581.305 Honoring legal process.
581.306 Lack of moneys due from, or payable by, a governmental entity 
          served with legal process.
581.307 Compliance with legal process requiring the payment of attorney 
          fees, interest, and/or court costs.

          Subpart D_Consumer Credit Protection Act Restrictions

581.401 Aggregate disposable earnings.
581.402 Maximum garnishment limitations.

[[Page 665]]

            Subpart E_Implementation by Governmental Entities

581.501 Rules, regulations, and directives by governmental entities.

Appendix A to Part 581--List of Agents Designated to Accept Legal 
          Process
Appendix B to Part 581--List of Agents Designated To Facilitate the 
          Service of Legal Process on Federal Employees

    Authority: 42 U.S.C. 659; 15 U.S.C. 1673; E.O. 12105 (43 FR 59465 
and 3 CFR 262) (1979).

    Source: 45 FR 85667, Dec. 30, 1980, unless otherwise noted.



    (a) Notwithstanding any other provision of law (including section 
407 of title 42, United States Code, section 5301 of title 38, United 
States Code, and sections 8346 and 8470 of title 5, United States Code), 
section 659 of title 42, United States Code, as amended, provides that 
moneys, the entitlement to which is based upon remuneration for 
employment, due from, or payable by, the United States or the District 
of Columbia to any individual, shall be subject, in like manner and to 
the same extent as if the United States or the District of Columbia were 
a private person:
    (1) To legal process for the enforcement of an obligor's legal 
obligations to provide child support, alimony, or both, resulting from 
an action brought by an individual obligee; and
    (2) To withholding in accordance with State law enacted pursuant to 
subsections (a)(1) and (b) of section 666 of title 42, United States 
Code, and to regulations of the Secretary of Health and Human Services 
under such subsections, and to any other legal process brought by a 
State agency subject to regulations of the Secretary of Health and Human 
Services that is administering a program under an approved State plan to 
enforce the legal obligations of obligors to provide child support and 
alimony.
    (b) Section 659 of title 42, United States Code, as amended, 
provides further that each governmental entity shall be subject to the 
same requirements as would apply if the governmental entity were a 
private person, except as set forth in this part.

[63 FR 14757, Mar. 26, 1998]