[Title 32 CFR 584.9]
[Code of Federal Regulations (annual edition) - July 1, 2002 Edition]
[Title 32 - NATIONAL DEFENSE]
[Chapter V - DEPARTMENT OF THE ARMY]
[Subchapter F - PERSONNEL]
[Part 584 - FAMILY SUPPORT, CHILD CUSTODY, AND PATERNITY]
[Sec. 584.9 - Involuntary allotments.]
[From the U.S. Government Printing Office]


32NATIONAL DEFENSE32002-07-012002-07-01false584.9Sec. 584.9NATIONAL DEFENSEDEPARTMENT OF THE ARMYPERSONNELFAMILY SUPPORT, CHILD CUSTODY, AND PATERNITY
Sec. 584.9  Involuntary allotments.

    (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--

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    (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.

                    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 Secs. 584.1(d)(5)(viii)(B) and 
584.2(l)(5).)
AR 640-3
    Identification Cards, Tags, and Badges. (Cited in 
Secs. 584.2(l)(1)(v) and 584.3(c)(3)(v).)
Misc Pub 13-1
    DOD Military Pay and Allowances Entitlements Manual. (Cited In 
Secs. 584.7a, 584.7(d) and 584.8(b).)
Uniform Code of Military Justice
    (Cited In Secs. 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 Systems
AR 20-1
    Inspector General Activities and Procedures
AR 140-1
    Mission, Organization, and Training
AR 340-2
    Maintenance and Disposition of Records for TOE Units and Certain 
Other Units of the Army.
AR 340-18
    The Army Functional Files System
AR 600-240
    Marriage in Oversea Commands
AR 601-280
    Army Reenlistment Program
AR 608-3
    Naturalization and Citizenship of Military Personnel and Dependents
AR 608-61
    Application for Authorization to Marry Outside of the United States
AR 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 
Secs. 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 II
DA Form 2029-R

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    Application for Authorization to Marry Outside of the United States
FS Form 240
    Report of Birth Abroad of a Citizen of the United States
Form N-600
    Application for Certificate of Citizenship
PS Form 3811
    Return Receipt, Registered, Insured, and Certified Mail

                                Glossary

                        Section I--Abbreviations

ARNGUS
    Army National Guard of the United States
BAQ
    Basic allowance for quarters
DA
    Department of the Army
DOD
    Department of Defense
DODPM
    Department of Defense Military Pay and Allowances Entitlements 
Manual
FAO
    Finance and accounting office
FRG
    Federal Repubic of Germany
HQDA
    Headquarters, Department of the Army
ID cards
    Identification cards
IG
    Inspector general
INS
    Immigration and Naturalization Service
RCPAC
    U.S. Army Reserve Components Personnel and Administration Center
SJA
    Staff Judge Advocate
SSN
    Social Security Number
UCMJ
    Uniform Code of Military Justice
USACFSC
    U.S. Army Community and Family Support Center
USAFAC
    U.S. Army Finance and Accounting Center
USAR
    U.S. Army Reserve
VHA
    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.

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                                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.