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.

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).

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.

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").  Military and retired pay can be garnished, just as civilian pay.

A former spouse who meets the 10/10 rule can apply for direct payment from DFAS of his/her portion from the division of military retirement (if Army, Navy, Air Force or Marines), at:

ATTN: DFAS-CL-GAG
Assistant General Counsel for Garnishment Operations
Defense Finance and Accounting Service - Cleveland Center
PO Box 998002
Cleveland, Ohio 44199-8002