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Servicemember's 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.  This is the same form that a former spouse would use to apply for a share of the military retirement as a property division.

 

 

Former Spouse's Military Retirement

The share of a military retirement awarded to a former spouse cannot be garnished for any reason, including payment of child support or maintenance.  DOD Financial Management Regulation, Volume 7B, Chapter 29, Section 290903.

 

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.

The process is not simple, and involves contacting the VA Regional Office for an apportionment application, then completing a VA Form 21-4138, Statement in Support of Claim, and sending it in with a copy of the current support order and any other pertinent documents.

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

 

 

Combat-Related Special Compensation (CRSC)

CRSC payments are also subject to garnishment.  DOD Financial Management Regulation, Volume 7B, Chapter 63, Section 630104.

 

More Information

Information Memorandum IM-98-03 from the federal Office of Child Support Enforcement, with information on garnishing VA payments for child support.

DOD Financial Management Regulation, Volume 7B, Chapter 29, "Former Spouse Payments From Retired Pay".  Straight from the horse's mouth, this regulation is essentially a guide for garnishing military retirement.

 

Have a military divorce case? Deployed? Black & Graham can help.

(719) 328-1616

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