MILITARY DIVORCE GUIDE

Garnishment of Military Pay

Introduction to Garnishment

In Colorado divorce, legal separation or paternity cases involving child support or maintenance, the spouse can receive payments through an income assignment (Colorado's term for garnishment), and that also applies to servicemembers.

Military Pay Subject to Garnishment

The military pay subject to garnishment has several exceptions which are listed in 5 CFR § 581.104, including BAS, BAH, travel allowances. For many servicemembers, it means only their base pay is subject to garnishment.

Furthermore, pursuant to 5 CFR § 581.105, there are also certain sums excluded from the pay subject to garnishment, such as money owed to the United States, taxes, health insurance premiums, life insurance premiums, and normal retirement contributions.

Maximum Garnishment Limitations

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.

Garnishing Active Duty Pay

Though Colorado requires income assignment to be served by certified mail, DFAS will accept a support order sent via fax at (216) 522-6960, or regular mail at:

DFAS-GAG/CL
PO Box 998002
Cleveland, Ohio 44199-8002

Garnishing Military Retirement.

To garnish income for child support or maintenance from a retired servicemember, send DFAS a certified copy of the support order and a DD Form 2293, Application for Former Spouse Payments from Retired Pay.

Garnishing VA Disability Payments

If a veteran is eligible to receive military retired pay and waives a portion of it in return for VA Disability payments, under the Social Security Act those payments are subject to garnishment for child support and maintenance. 42 U.S. Code § 659(h)(1)(A)(v).

To determine whether the VA payments are subject to garnishment, and to arrange for garnishment, contact the VA Regional Office which pays the obligor's benefits. Call (800) 527-1000 to determine the appropriate VA office.

In Colorado, the VA contact information is:

VA Regional Office
155 Van Gordon St.
Lakewood CO 80228

Tel. (800) 827-1000
Fax (303) 914-5879

(Mailing Address)
VA Regional Office
Box 25126
Denver CO 80225

More Information

Division of Military Retirement, in the Military Divorce Guide.

DFAS garnishment web page.

Guide Created by Carl O. Graham,
A Colorado Springs Military Divorce Lawyer
Practicing Exclusively in El Paso County, Colorado