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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.


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.


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:

PO Box 998002
Cleveland, Ohio 44199-8002


More Information

Military Garnishment Information, on the DFAS web site.

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

(719) 328-1616

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