If you are trying to collect child support, the procedure may appear even more complicated.
Its important to know that federal law permits the garnishment of wages for any member of the military for payment of child support, regardless of whether they are stationed in the United States or abroad. Here is what you need to know about collecting child support from a military parent.
How Do I Collect Child Support?
In order to collect child support, you will first need to complete a form called an "Income Withholding Order."
This form is then sent to the Defense Finance and Accounting Service (DFAS),Cleveland Center, Garnishment Operations Directorate in order to initiate the military child support payment process. The Income Withholding Order is the only form that will suffice in initiating child support payments as it actually directs the government to withhold money and allocate it for child support. Even a divorce decree that approve child support payments does not give the government authorization it needs to begin the process. If you have any questions about obtaining or sending the Income Withholding Order, you can contact DFAS at (216) 522-5301. The form can be mailed or faxed to the following office:
Defense Finance and Accounting Service Cleveland DFAS-GAG/CL
PO Box 998002 Cleveland, Ohio 44199-8002
FAX: (216) 522-6960
What Information Should Be Included on the Income Withholding Form?
The Income Withholding Order should include the debtor's full legal name and social security number, the branch of government in which he or she is employed, and a contact address and phone number where you can be reached. If you have any additional information about the debtor, such as his or her address and phone number, this may help to expedite the paperwork.
Do I Need An Attorney To Collect Military Child Support?
It may be beneficial to have the advice of a qualified professional as you begin to navigate the special circumstances presented by military child support. A local child support enforcement agent or a competent attorney can help you understand your rights in the child support collection process. An attorney may also be able to help you navigate the required paperwork and court system. If you choose to consult an attorney, be sure that he or she has experience dealing in military affairs.
Can I Collect An Arrearage On Military Child Support?
Yes, you can collect an arrearage from a military employee, but you must make sure that your Income Withholding Order directs the government to collect an arrearage of back child support payments.
How Do I Enforce An Order To Provide Health Insurance Coverage?
If your child's other parent is also required to provide health insurance coverage, send a copy of this order to the military employee's personnel office, commanding officer, or First Sergeant. They will follow up on this request and report back to you within fifteen days with further actions as necessary.
What If There Are Multiple Orders For Child Support Against the Same Military Parent?
The government is authorized to garnish the wages of the military employee for the full amount to satisfy all child support orders, as long as the employee has sufficient income to cover these orders. However, if there are not sufficient available earnings, the government will distribute the available funds according to a pro rata system. They will calculate the percentage of funds allocated to fulfill each obligation by dividing the amounts of each order by the total amount of the military parent's disposable earnings.
Can I Still Collect Child Support if the Parent Retires?
The current federal law does allow the government to garnish the wages of both active and retired members of the military for child support payments. However, retired personnel are paid through a different computer system than active members. So, there may be a break in military child support payments of one to two months during the transition. If you are collecting child support from a member of the military who is about to retire, contact the DFAS office to expedite your payments.Trouble Collecting Your Child Support? Let Us Help!
A Good Family Law Attorney Can Help
A family lawyer can help you with family related problems such as marriage, divorce and child support. If parents have a legal relationship and are having trouble deciding custody and/or child support, the issues can be helped by a good family law attorney. LegalMatch will help you find the right attorney in your area. All you have to do is Present Your Case, They will immediately match you with the right lawyers, and you select the lawyer of your choice. It is a three step process. LegalMatch is fast, free and confidential.Find Your Lawyer Now.
If you have any legal questions on child support laws or any thing related, there is a box below where you can type in your question and a certified lawyer will be able to assist you. Please leave your question in the box below and a professional lawyer will get back to you.
This website is here for the sole purpose of information only. In no way is this website for legal advice. Thank you for visiting my website.