ASA DIX LEGAL BRIEF
A PREVENTIVE LAW SERVICE OF THE JOINT READINESS CENTER LEGAL SECTION
UNITED STATES ARMY SUPPORT ACTIVITY DIX
KEEPING YOU INFORMED ON YOUR PERSONAL LEGAL NEEDS
GARNISHMENTS AND INVOLUNTARY
ALLOTMENTS
Q: MAY SPOUSAL SUPPORT AND/OR CHILD SUPPORT BE WITHHELD FROM A
SERVICEMEMBER’S PAY IN ORDER TO ENFORCE A COURT ORDER FOR SUPPORT? Yes.
There are two procedures, garnishment and involuntary allotment, whereby the Defense and Finance
Accounting Service (DFAS) can involuntarily withhold a service member’s pay in order to satisfy court ordered
child and/or spousal support.
Q: WHAT IS GARNISHMENT? Garnishment is a statutory proceeding (42 United States Code (U.S.C.)
section 659) by which a service member’s property, usually part of his or her paycheck, is taken and applied to
the payment of a debt, usually child and/or spousal support.
Q: WHAT IS AN INVOLUNTARY ALLOTMENT? An involuntary allotment is a statutory proceeding (42
U.S.C. section 665) that can be initiated when a service member is behind in an amount equal to at least two
months in court-ordered payments of child or spousal support.
Q: WHAT PAY IS SUBJECT TO GARNISHMENT AND INVOLUNTARY ALLOTMENT? All pay
can be garnished. Such pay includes military pay, hazardous duty pay, severance pay, sick pay, cash awards,
pensions, retirement, etc. However, allowances such as basic housing, subsistence, and family separation
allowance cannot be garnished. In contrast, pay subject to involuntary allotment includes pay AND allowances.
Q: HOW DO I START A GARNISHMENT PROCEEDING FOR SUPPORT? To start a garnishment
proceeding, you must first obtain a court order requiring the soldier to pay support, as well as a garnishment
order. Once the garnishment order is obtained from the local court, the order must be served on DFAS.
Q: HOW DO I START AN INVOLUNTARY ALLOTMENT? To start an involuntary allotment, DFAS
must receive notice from an authorized person, agent or court that the service member is two or more months
behind in support payments, along with a certified copy of the underlying court order establishing the support
requirement. Notice can be given by a child support enforcement agency, department of social services or the
court, and it must be in the form of a court order, letter, statement, certificate or other document issued by the
agency, department or court. DFAS must provide notice to the service member and his or her commander. The
commander sends the service member to a Judge Advocate for consultation to discuss the legal and other
factors involved with respect to the support obligation and the failure to make payments under the obligation.
The allotment takes effect 30 days after the notice is given.
Q: WHAT INFORMATION IS NECESSARY TO ENSURE PROCESSING BY DFAS? Sufficient
identifying information must accompany the legal papers. The following identifying information about the
individual owing support should be provided if known: full name, date of birth, Social Security number,
