(a) General. Pub. L. 97-248 (42 U.S.C. 665) permits involuntary allotments from pay and allowances of soldiers on active duty as child, or child and spousal, support payments when--
(1) The soldier has failed to make payments under a court order for 2 months or in a total amount equal to or in excess of the support obligations for 2 months.
(2) Failure to make such payments is established by notice from an authorized person to the Commander, USAFAC, ATTN: FINCL-G, Indianapolis, IN 46249-0160. An authorized person is--
(i) Any agent or attorney of any State having in effect a plan approved under part D of title IV of the Social Security Act (42 U.S.C. 651-664), who has the duty or authority under the plan to seek recovery of any amounts owed as child or child and spousal support (including, when authorized under a State plan, any official of a political subdivision).
(ii) A court or agent of the court that has authority to issue an order against the soldier for the support and maintenance of a child.
(3) Such notice must give the soldier's full name and SSN. Also, it must list the name and address of the person to whom the allotment is payable. The amount of the allotment will be the amount needed to comply with the support order. The allotment may include arrearages as well as amounts for current support if provided for in the support order. A copy of this must be included with the notice. If proper, a statement must be included that the support allotment qualifies for the additional 5 percent in excess of the maximum percentage limitations. These limitations are prescribed in 15 U.S.C. 1673. Also, a copy of the underlying support order must be included with the notice. An allotment under this provision will be adjusted or discontinued only upon notice from an authorized person.
(b) Procedures. No action will be taken to set up an allotment until the soldier has the chance to consult a legal assistance attorney. The purpose of the meeting is to discuss the legal and other factors involved with respect to the soldier's support obligation and failure to make payments. If the soldier has not consulted with legal counsel, the allotment will start the first end-of-month payday after 30 days have elapsed since notice was given to the affected soldier.
Sec. Appendix A to Part 584--Reference
Section I--Required Publications AR 340-17
Release of Information and Records from Army Files. (Cited in Sec. 584.1(f)(2).)AR 340-21
The Army Privacy Program. (Cited in Sec. 584.1(f)(2).)AR 600-37
Unfavorable Information. (Cited in Sec. Sec. 584.1(d)(5)(viii)(B) and 584.2(l)(5).)AR 640-3
Identification Cards, Tags, and Badges. (Cited in Sec. Sec. 584.2(l)(1)(v) and 584.3(c)(3)(v).)Misc Pub 13-1
DOD Military Pay and Allowances Entitlements Manual. (Cited In Sec. Sec. 584.7a, 584.7(d) and 584.8(b).)Uniform Code of Military Justice
(Cited In Sec. Sec. 584.1(d)(5), 584.2(g)(4)(ii), 584.2(l)(2)(v)(B), and 584.3(b)(1)(ii).)
Section II--Related Publications
A related publication is merely a source of additional information. The user does not have to read it to understand this regulation. AR 11-2
Internal Control SystemsAR 20-1
Inspector General Activities and ProceduresAR 140-1
Mission, Organization, and TrainingAR 340-2
Maintenance and Disposition of Records for TOE Units and Certain Other Units of the Army.AR 340-18
The Army Functional Files SystemAR 600-240
Marriage in Oversea CommandsAR 601-280
Army Reenlistment ProgramAR 608-3
Naturalization and Citizenship of Military Personnel and DependentsAR 608-61
Application for Authorization to Marry Outside of the United StatesAR 635-100
Officer Personnel (Separations)AR 635-200
Enlisted Personnel (Separations)Misc Pub 8-1
Joint Travel Regulations, Volume 1: Members of the Uniformed Services
Section III--Prescribed Forms DA Form 5459-R
Authorization to Release Information from Army Records on Nonsupport/Child Custody/Paternity Complaints. (Cited in Sec. Sec. 584.1(d)(5)(iv)(B), 584.1(f)(1), 584.2(1)(2)(iv), and 584.3(b)(2)(ii).)DA Form 5460-R
Request for Help in Receiving Support and/or Identification Cards for Family Members. (Cited in Sec. 584.2(1).)
Section IV--Referenced Forms DA Form 2-1
Personnel Qualification Record-Part IIDA Form 2029-R
Application for Authorization to Marry Outside of the United StatesFS Form 240
Report of Birth Abroad of a Citizen of the United StatesForm N-600
Application for Certificate of CitizenshipPS Form 3811
Return Receipt, Registered, Insured, and Certified Mail
Glossary
Section I--Abbreviations ARNGUS
Army National Guard of the United StatesBAQ
Basic allowance for quartersDA
Department of the ArmyDOD
Department of DefenseDODPM
Department of Defense Military Pay and Allowances Entitlements ManualFAO
Finance and accounting officeFRG
Federal Republic of GermanyHQDA
Headquarters, Department of the ArmyID cards
Identification cardsIG
Inspector generalINS
Immigration and Naturalization ServiceRCPAC
U.S. Army Reserve Components Personnel and Administration CenterSJA
Staff Judge AdvocateSSN
Social Security NumberUCMJ
Uniform Code of Military JusticeUSACFSC
U.S. Army Community and Family Support CenterUSAFAC
U.S. Army Finance and Accounting CenterUSAR
U.S. Army ReserveVHA
Variable Housing Allowance
Section II--Terms
Arrearage
The total amount of money a soldier owes a family member for prior months in which the soldier failed to comply with the minimum support requirements of this regulation.
Basic Allowance for Quarters
An amount of money prescribed and limited by law that a soldier receives to pay for quarters not provided by the Government.
Child Custody Complaint
A written or oral complaint by a family member, or a third party acting on behalf of a family member, that alleges that the soldier is violating a court order granting custody of minor children to someone other than the soldier. It also includes a complaint by a mother of a child born out of wedlock against a soldier father who has abducted or detained the child.
Court Order
As used in this regulation, court order includes all judicial and administrative orders and decrees, permanent and temporary, granting child custody, directing financial support, and executing paternity findings. It also includes any foreign nation court or administrative order recognized by treaty or international agreement. Court orders are presumed valid in the absence of evidence to the contrary.
Family Member
For the purpose of this regulation only, a family member includes--
a. A soldier's present spouse. (A former spouse is not a family member. However, except as otherwise indicated, the term ``family member'' includes any former spouse for whom the soldier is required by any court order to provide financial support.)
b. A soldier's minor children from present and former marriages, including children legally adopted by the soldier. (A family member does not include the child of a soldier who has been legally adopted by another person.)
c. Minor children born out of wedlock to--
(1) A woman soldier.
(2) A male soldier if evidenced by a decree of paternity identifying the soldier as the father and ordering the soldier to provide support.
d. Any other person (for example, parent, stepchild, etc.) for whom the soldier has an obligation to provide financial support under the law of the domicile of either the soldier or the supported person.
Financial Support Provision
The provision in a court order or separation agreement directing the soldier to provide financial support to a family member on a periodic basis.
Government Family Quarters
Any sleeping accommodations or family-type housing owned or leased by the U.S. Government.
Gross Pay
For support purposes, gross pay includes basic pay and allowances to include special, incentive, and other pay when received on a monthly basis. Gross pay does not include funds not received on a monthly basis (that is, enlistment and reenlistment bonuses and accrued leave payments). Gross pay does not include wages from off-duty employment.
Legal Assistance Attorney
Army lawyers designated to advise and assist soldiers and their families on family law matters. Such matters include marriage, divorce, adoption, paternity, child custody problems, and support obligations. In the context of this regulation, a legal assistance attorney also includes a lawyer retained by a soldier at his or her own expense.
Minor Children
Unmarried children under 18 years of age who are not on active duty with the Armed Forces.
Nonsupport Complaint
A written or oral complaint by a family member, or a third party acting on behalf of a family member, that alleges one of the following:
a. Soldier is providing no financial support.
b. Soldier is providing insufficient financial support.
c. Soldier is failing to comply with--
(1) An oral agreement,
(2) A written support agreement, or
(3) A court order that sets up a financial support requirement.
Soldier
As used in this regulation, the term soldier includes commissioned officers, warrant officers, and enlisted personnel.
Staff Judge Advocate
The chief legal officer and his or her staff who advise commanders on laws and regulations affecting the command. Includes command judge advocates and post judge advocates, but not legal assistance attorneys or attorneys assigned to the Trial Defense Service.
System of Records
Any record under DA control from which information is retrieved by the name of the individual or by his or her SSN.
Variable Housing Allowance
An amount of money prescribed by law that a soldier receives to defray high housing costs in the continental United States.
Written Support Agreement
Any written agreement between husband and wife in which the amount of periodic financial support to be provided by the soldier spouse has been agreed to by the parties. A written support agreement may be contained in a separation agreement or property settlement agreement. Also, the support agreement may be shown by letters exchanged between the parties in which the amount of support has been agreed to by the parties.