[Code of Federal Regulations]

[Title 32, Volume 1]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 32CFR54.6]



[Page 320-323]

 

                       TITLE 32--NATIONAL DEFENSE

 

              CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE

 

PART 54_ALLOTMENTS FOR CHILD AND SPOUSAL SUPPORT--Table of Contents

 

Sec.  54.6  Procedures.



    (a) Notice to designated official. (1) An authorized person shall 

send to the designated official of the member's Military Service a 

signed notice that includes:

    (i) A statement that delinquent support payments equal or exceed the 

amount of support payable for 2



[[Page 321]]



months under a support order, and a request that an allotment be 

initiated pursuant to 42 U.S.C. 665.

    (ii) A certified copy of the support order.

    (iii) The amount of the monthly support payment. Such amount may 

include arrearages, if a support order specifies the payment of such 

arrearages. The notice shall indicate how much of the amount payable 

shall be applied toward liquidation of the arrearages.

    (iv) A statement that delinquent support payments are more than 12 

weeks in arrears, if appropriate.

    (v) Sufficient information identifying the member to enable 

processing by the designated official. The following information is 

requested:

    (A) Full name;

    (B) Social Security Number;

    (C) Military Service (Army, Navy, Air Force, or Marine Corps).

    (vi) The full name and address of the allottee. The allottee shall 

be an authorized person, the authorized person's designee, or the 

recipient named in the support order.

    (vii) Any limitations on the duration of the support allotment.

    (viii) A certificate that the official sending the notice is an 

authorized person.

    (2) The notice shall be sent by mail or delivered in person to the 

appropriate designated official of the Military Service. The designated 

official shall note the date and time of receipt on the notice.

    (3) The notice is effective when it is received in the office of the 

designated official.

    (4) When the notice does not sufficiently identify the member, it 

shall be returned directly to the authorized person with an explanation 

of the deficiency. However, before the notice is returned, if there is 

sufficient time, an attempt shall be made to inform the authorized 

person who sent the notice that it will not be honored unless adequate 

information is supplied.

    (5) Upon receipt of effective notice of delinquent support payments, 

together with all required supplementary documents and information, the 

designated official shall identify the member from whom moneys are due 

and payable. Under Sec.  54.6(d), the allotment shall be established in 

the amount necessary to comply with the support order and to liquidate 

arrearages if provided by a support order when the maximum amount to be 

allotted under this provision, together with any other moneys withheld 

for support from the member, does not exceed:

    (i) Fifty percent of the member's disposable earnings for any month 

in which the member asserts by affidavit or other acceptable evidence 

that he or she is supporting a spouse, dependent child, or both, other 

than a party in the support order. When the member submits evidence, 

copies shall be sent to the authorized person, together with 

notification that the member's support claim shall be honored. If the 

support claim is contested by the authorized person, that authorized 

person may refer this matter to the appropriate court or other authority 

for resolution.

    (ii) Sixty percent of the member's disposable earnings for any month 

in which the member fails to assert by affidavit or other acceptable 

evidence that he or she is supporting a spouse, dependent child, or 

both.

    (iii) Regardless of the limitations above, an additional 5 percent 

of the member's disposable earnings shall be withheld when the notice 

states that the total amount of the member's support payments is 12 or 

more weeks in arrears.

    (b) Disposable Earnings. (1) In determining disposable earnings for 

a member assigned within the contiguous United States, include the 

following payments. For definitions of these items, see DoD 5000.12-M.

    (i) Basic pay (including Military Service academy cadet and 

midshipman pay).

    (ii) Basic allowance for quarters for members with dependents, and 

for members without dependents in grade E-7 or higher.

    (iii) Basic allowance for subsistence for commissioned and warrant 

officers.

    (iv) Special pay for physicians, dentists, optometrists, and 

veterinarians.

    (v) Submarine pay.

    (vi) Flying pay (all crew members).

    (vii) Diving pay.

    (viii) Proficiency pay or special duty assignment pay.



[[Page 322]]



    (ix) Career sea pay.

    (2) To determine disposable earnings for a member assigned outside 

of the contiguous United States, the following shall supplement the 

payments listed in paragraph (b)(1) of this section:

    (i) Foreign duty pay.

    (ii) Special pay for duty subject to hostile fire (applies only to 

members permanently assigned in a designated area).

    (iii) Family separation allowances (only under certain type-II 

conditions).

    (iv) Special pay for overseas extensions

    (c) Calculations of disposable earnings shall exclude:

    (1) Amounts owed by the member to the United States.

    (2) Amounts mandatorily withheld for the U.S. Soldiers' and Airmen's 

Home.

    (3) Fines and forfeitures ordered by a court-martial or by a 

commanding officer.

    (4) Federal and State employment and income taxes withheld to the 

extent that the amount deducted is consistent with the member's tax 

liability.

    (5) Deductions for the Servicemen's Group Life Insurance coverage.

    (6) Advances of pay received by the member before receipt of notice 

(see paragraph (c)(1) of this section) that may be due and payable by 

the member at some future date. Requests for advances received after 

notice for a statutorily required support allotment shall be reduced by 

the amount of the statutorily required support allotment.

    (7) Other amounts required by law to be deducted.

    (d) Notice to member and member's Commanding Officer.

    (1) As soon as possible, but not later than 15 calendar days after 

the date of receipt of notice, the designated official shall send to the 

member, at his or her duty station, written notice:

    (i) That notice has been received from an authorized person, 

including a copy of the documents submitted.

    (ii) Of the maximum limitations provided in 15 U.S.C. 1673, with a 

request that the member submit supporting affidavits or other 

documentation necessary for determining the applicable percentage 

limitation.

    (iii) That the member may submit supporting affidavits or other 

documentation as evidence that the information contained in the notice 

is in error.

    (iv) That by submitting supporting affidavits or other necessary 

documentation, the member consents to the disclosure of such information 

to the party requesting the support allotment.

    (v) Of the amount or percentage that will be deducted if the member 

fails to submit the documentation necessary to enable the designated 

official to respond to the notice within the prescribed time limits.

    (vi) That a consultation with a judge advocate or legal officer will 

be provided by the Military Service, if possible, and that the member 

should immediately contact the nearest legal services office.

    (vii) Of the date that the allotment is scheduled to begin.

    (2) The designated official shall notify the member's commanding 

officer, or designee, of the need for consultation between the member 

and a judge advocate or legal officer. The designated official shall 

provide the member's commanding officer, or designee, with a copy of the 

notice and other legal documentation served on the designated official.

    (3) The Military Services shall provide the member with the 

following:

    (i) When possible, an in-person consultation with a judge advocate 

or legal officer of the Military Service concerned, to discuss the legal 

and other factors, involved in the member's support obligation and 

failure to make payment.

    (ii) Copies any other documents submitted with the notice.

    (4) The member's commanding officer, or designee, shall confirm in 

writing to the designated official within 30 days of notice that the 

member received a consultation concerning the member's support 

obligation and the consequences of failure to make payments, or when 

appropriate, of the inability to arrange such consultation and the 

status of continuing efforts to fulfill the consultation requirement.

    (5) If, within 30 days of the date of the notice, the member has 

furnished



[[Page 323]]



the designated official affidavits or other documentation showing the 

information in the notice to be in error, the designated official shall 

consider the member's response. The designated official may return to 

the authorized person, without action, the notice for a statutorily 

required support allotment together with the member's affidavit and 

other documentation, if the member submits substantial proof of error, 

such as:

    (i) The support payments are not delinquent.

    (ii) The underlying support order in the notice has been amended, 

superseded, or set aside.

    (e) Payments. (1) Except as provided in paragraph (e)(3) the 

Secretary of the Military Department concerned, or designee, shall make 

the support allotment by the first end-of-month payday after the 

designated official is notified that the member has had a consultation 

with a judge advocate or legal officer, or that a consultation was not 

possible, but not later than the first end-of-month payday after 30 days 

have elapsed from the date of the notice to the member. The Military 

Services will not be required to vary their normal military allotment 

payment cycle to comply with the notice.

    (2) If several notices are sent with respect to the same member, 

payments shall be satisfied on a first-come, first-served basis within 

the amount limitations in paragraph (a)(5) of this section.

    (3) When the member identified in the notice is found not to be 

entitled to money due from or payable by the Military Service, the 

designated official shall return the notice to the authorized person and 

shall advise him or her that no money is due from or payable by the 

Military Service to the named individual. When it appears that amounts 

are exhausted temporarily or otherwise unavailable, the authorized 

person shall be told why, and for how long, any money is unavailable, if 

known. If the member separates from active duty, the authorized person 

shall be informed that the allotment is discontinued.

    (4) Payment of statutorily required allotments shall be enforced 

over other voluntary deductions and allotments when the gross amount of 

pay and allowances is not sufficient to permit all authorized deductions 

and collections.

    (5) The authorized person or allottee shall notify the designated 

official promptly if the operative court order upon which the allotment 

is based is vacated, modified, or set aside. The designated official 

shall also be notified of any events affecting the allottee's 

eligibility to receive the allotment, such as the former spouse's 

remarriage, if a part of the payment is for spousal support, and notice 

of a change in eligibility for child support payments under 

circumstances of death, emancipation, adoption, or attainment of 

majority of a child whose support is provided through the allotment.

    (6) An allotment established under this Directive shall be adjusted 

or discontinued upon notice from the authorized person.

    (7) Neither the Department of Defense, nor any officer or employee 

thereof, shall be liable for any payment made from moneys due from, or 

payable by, the Department of Defense to any individual pursuant to 

notice regular on its face, if such payment is made in accordance with 

this part. If a designated official receives notices based on a support 

order which, on its face, appears to conform to the laws of the 

jurisdiction from which it was issued, the designated official shall not 

be required to ascertain whether the authority that issued the order had 

obtained personal jurisdiction over the member.

    (f) List of designated officials.



Army--Commander, U.S. Army Finance and Accounting Center, ATTN: FINCL-G, 

Indianapolis, IN 46249-0160, (317) 542-2155.

Navy--Director, Navy Family Allowance Activity, Anthony J. Celebrezze 

Federal Building, Cleveland, OH 44199, (216) 522-5301.

Air Force--Commander, Air Force Accounting and Finance Center, ATTN: JA, 

Denver, CO 80279, (303) 370-7524.

Marine Corps--Commanding Officer, Marine Corps Finance Center (Code AA), 

Kansas City, MO 64197, (816) 926-7103.



[[Page 324]]