[Code of Federal Regulations]

[Title 42, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 42CFR21.73]



[Page 83]

 

                         TITLE 42--PUBLIC HEALTH

 

    CHAPTER I--PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN 

                                SERVICES

 

PART 21_COMMISSIONED OFFICERS--Table of Contents

 

       Subpart C_Involuntary Child and Spousal Support Allotments

 

Sec.  21.73  Policy.



    (a) It is the policy of the Department of Health and Human Services 

to withhold allotments from pay and allowances of commissioned officers 

on active duty in the Service to make involuntary allotments from pay 

and allowances as payment of child, or child and spousal, support 

payments when the officer has failed to make periodic payments under a 

support order in a total amount equal to the support payable for two 

months or longer. Failure to make such payments shall be established by 

notice from an authorized person to the designated official of the 

Department. Such notice shall specify the name and address of the payee 

to whom the allotment is payable. The amount of the allotment shall be 

the amount necessary to comply with the support order including amounts 

for arrearages as well as for current support. However the amount of the 

allotment, when added to any other amounts withheld from the officer's 

pay pursuant to a support order, shall not exceed the limits for 

involuntary allotments from pay as prescribed in section 303 (b) and (c) 

of the Consumer Credit Protection Act, 15 U.S.C. 1673. An allotment 

under this Subpart shall be adjusted or discontinued upon notice from 

any authorized person.

    (b) Notwithstanding the above, no action shall be taken to withhold 

an allotment from the pay and allowances of any officer until such 

officer has had an opportunity to consult with a legal officer of the 

Department to discuss the legal and other factors involved with respect 

to the officer's support obligation and his or her failure to make 

payments. The Department shall exercise continuing good faith efforts to 

arrange such a consultation, but must begin to withhold allotments on 

the first end-of-month payday after 30 days have elapsed since notice of 

an opportunity to consult was sent to the officer.