Service of Process Notification for Child Support and/or Alimony Allotments, 13010-13011 [2019-06477]

Agencies

• DEPARTMENT OF DEFENSE
• Office of the Secretary

[Federal Register Volume 84, Number 64 (Wednesday, April 3, 2019)]
[Notices]
[Pages 13010-13011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06477]


-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Office of the Secretary


Service of Process Notification for Child Support and/or Alimony 
Allotments

AGENCY: Office of the Under Secretary of Defense (Comptroller), DoD.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The processing of statutory allotments for child support and/
or alimony from the pay of active duty military members is governed by 
statute. Upon proper notification from an authorized person, the 
Defense Finance and Accounting Service (DFAS) will start a statutory 
child or child and spousal support allotment from the pay and 
allowances of a member on extended active duty when the member has 
failed to make periodic payments, under a support order, in an amount 
equal to the support payable for 2 months or longer. This Federal 
Register notice provides the requirements of the notification to DFAS 
and the DFAS Designated Official's address for submitting the 
notification.

FOR FURTHER INFORMATION CONTACT: Kellie Allison at 703-614-0410.

SUPPLEMENTARY INFORMATION:

Background

    The DoD published a final rule in this issue of the Federal 
Register removing 32 CFR part 54, DoD's regulation that relates to 
allotments for child and spousal support. The statutorily required 
child or child and spousal support allotments in 42 U.S.C. 665 cover 
members of the Military Services on extended active duty. DoD's 
internal policy is located in the DoD Financial Management Regulation, 
Volume 7A, Chapter 41 ``Garnishments and Other Involuntary Allotments'' 
(available at https://comptroller.defense.gov/Portals/45/documents/fmr/archive/07aarch/07a_41_Dec10.pdf). Although DoD is

[[Page 13011]]

removing this CFR part, this Federal Register notice is being published 
to provide the requirements of the notification to DFAS and the DFAS 
Designated Official's address for submitting the notification.

Authorized Person

    An authorized person is any agent or attorney of any state having 
in effect a plan approved under 42 U.S.C. 651 et seq., who has the duty 
or authority to seek recovery of any amounts owed by a member of the 
Military Services as child or child and spousal support; and the court 
that has the authority to issue an order against a member of the 
Military Services for the support and maintenance of a child, or any 
agent of such court.

Notice to Designated Official

    An authorized person will send the DFAS designated official a 
signed notice that includes:

--A statement that delinquent support payments equal or exceed the 
amount of support payable for 2 months under a support order, and a 
request that an allotment be established;
--A certified copy of the support order. If the support order, on its 
face, appears to conform to the laws of the jurisdiction from which it 
was issued, then the designated official will not be required to 
ascertain whether the authority that issued the order had obtained 
personal jurisdiction over the member;
--The amount of the monthly support payment. Such amount may include 
arrearages, if a support order specifies the payment of such 
arrearages. The notice will indicate how much of the amount payable 
will be applied toward liquidation of the arrearages;
--A statement that delinquent support payments are more than 12 weeks 
in arrears, if appropriate;
--The following information that identifies the member:
    --Full name;
    --Social security number; and
    --Military Service of the member;
--The full name and address of the allottee. The allottee will be an 
authorized person, or designee, or the recipient named in the support 
order;
--Any limitations on the duration of the support allotment; and
--A certification that the official sending the notice is an authorized 
person.

    The notice can be mailed or delivered in person to the designated 
official. The designated official will note the date and time of 
receipt on the notice.
    The notice is effective when it is received in the office of the 
designated official.

DFAS Designated Official

    The designated official is the DFAS Site Director or designee 
authorized to receive and to process the notification. The DFAS 
designated official and address is: Director, Garnishment Operations, 
DFAS Cleveland, P.O. Box 998002, Cleveland, OH 44199-8002.

    Dated: March 29, 2019.
Shelly E. Finke,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2019-06477 Filed 4-2-19; 8:45 am]
 BILLING CODE 5001-06-P