Military Divorce Guide

Comprehensive Family Law Information for Servicemembers & Family Members.

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About the Guide

The Military Divorce Guide was created by Carl O. Graham, a Colorado Springs, CO divorce lawyer and former Army JAG officer. As a principal of Black & Graham, LLC, domestic relations and criminal defense attorneys, Carl is in charge of the firm's family law practice, and focuses exclusively on Colorado divorce & family law, including military divorce issues.

  • Military Updates
  • Military Divorce Guide
    • Jurisdiction Over Servicemembers
      • Subject-Matter Jurisdiction
      • Personal Jurisdiction Over Servicemembers
      • Service of Process on Military Personnel
    • Division of Military Retirement
      • Types of Military Retirement
      • Disposable Retired Pay
      • Colorado Formula for Military Retirement Division
      • Servicemember Still on Active Duty
      • Direct Retirement Payments from DFAS
    • Disability & Divorce
      • VA Waiver of Military Retirement
      • Indemnity for VA Waiver
      • Combat-Related Special Compensation (CRSC)
      • Disability Retired Lists (TDRL / PDRL)
      • Disability Severance Pay
      • Traumatic Injury Protection (TSGLI)
    • Survivor Benefit Plan (SBP)
      • SBP Beneficiaries
      • SBP Election
      • SBP Premium Costs
      • SBP Premium Payment Responsibility
      • SBP Suspension or Termination
    • Military Family Support
      • Army Family Support
      • Air Force Family Support
      • Navy Family Support
      • Marine Corps Family Support
      • Coast Guard Family Support
    • Former Spouse Military Benefits
      • 20/20/20 and 20/20/15 Benefits
      • Continued Health Care Benefit Program / COBRA
      • Mixed Reserve & Active Time for 20/20/20 Benefits
    • Garnishment of Military Pay
      • Garnishing Military Retirement & VA Disability
      • Maximum Garnishment Limitations
    • Servicemembers Civil Relief Act (SCRA)
      • Protection from Default Judgments
      • Stay of Civil Proceedings
      • Colorado Reservist Parent Protection
    • Domestic Violence
      • Lautenberg Amendment
      • Domestic Violence Victim Benefits
    • Obtaining Military Records
    • Reserve Family Law Issues
    • Understanding Military Pay
    • Life Insurance
    • How to Hire a Military Divorce Attorney
    • Paternity & The Military

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Maximum Garnishment Limitations

  • Garnishment
  • Support

The maximum that the Defense Finance & Accounting Service (DFAS) will garnish, outlined in 5 CFR §581.402, is the following:

  • 50% if the servicemember is providing more than half the support to other dependents not covered by the order.
  • 55% if the servicemember is providing more than half the support to other dependents not covered by the order, but has a support arrearage.
  • 60% if the servicemember is not providing more than half the support to other dependents not covered by the order.
  • 65% if the servicemember is not providing more than half the support to other dependents not covered by the order, but has a support arrearage.

Note that if you're garnishing child support arrears from military retirement, the order must be certified, and less than two years old at the time DFAS receives it.  DOD Financial Management Regulation, Vol. 7B, Chapter 29, Section 290401.A.

‹ Garnishing Military Retirement & VA Disability up Servicemembers Civil Relief Act (SCRA) ›
Military Divorce Guide, Copyright © Black & Graham, LLC  (www.blackgraham.com). Reprint Information

128 S. Tejon St Ste 410, Colorado Springs, CO 80903  (Map to Office)  Tel: (719) 328-1616  Fax: (719) 630-8495.

This site is informational, and not a substitute for legal advice from one of the Colorado Springs military divorce law firms, lawyers or attorneys. Only a signed agreement with this Colorado Springs divorce lawyer creates a lawyer-client relationship. We practice in Colorado Springs / El Paso, Teller, Douglas, and Pueblo Counties, and the neighboring military installations (Fort Carson, Peterson Air Force Base, the Air Force Academy, Cheyenne Mountain Air Station, and Shriever AFB). We practice in Colorado family law (Colorado divorce, military divorce issues, child support law, grandparent visitation & rights, common law marriage, child custody law, legal separation law, annulment, alimony law, etc), and criminal defense.  Login