Military Pay Garnishment

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If military members do not make court-ordered support payments, military pay can be garnished for child support and spousal maintenance as well as for arrears. However, there are limitations on the types of pay that can be garnished. For the most part, only base pay can be garnished and allowances cannot. There is also some other debt that is prioritized over support garnishment, such as debt owed to the United States government, income tax debt as well as health and life insurance premiums. Generally disability pay cannot be garnished; however, there is an exception if a retiree has waived a portion of military retirement pay to receive disability compensation.

There are established procedures to obtain garnishment. The obligee must obtain a court order for garnishment from a court with jurisdiction over the obligor. When there is a court order for spousal or child support, payments may be garnished from active and retiree pay. Garnishments for child support or maintenance have priority over most other court judgments. Garnishment is limited to specific pay percentages, however. Military pay can be garnished at the following rates:

(1) 50% if the member is providing more than half of the support to other dependents not covered by the order.

(2) 55% if the member is providing more than half of the support to other dependents not covered by the order, but who has a support arrearage.

(3) 60% if the member is not providing more than half of the support to other dependents not covered by the order.

(4) 65% if the servicemember is not providing more than half of the support to other dependents not covered by the order, but has a support arrearage.

There are also provisions for the garnishment of retirement pay. To garnish income for child support or maintenance from a retiree or to receive a share of military retirement as a property division, the Defense Finance and Accounting Service (DFAS) must be provided with a certified copy of the support order and a DD Form 2293, Application for Former Spouse Payments from Retired Pay. A former spouse’s share of a member’s retirement cannot be garnished.

Another avenue for receiving unpaid support and arrears from a veteran is through Veteran’s Affairs (VA) apportionment. The VA can apportion veterans benefits to make support awards. This is a form of garnishment. Apportionment is an important protection because although disability income is considered income for support purposes, it cannot be garnished by a creditor or employer. Through apportionment, the VA pays a percentage of the veteran’s monthly payments to the estranged spouse or other parent directly, then the veteran’s pay is reduced commensurately.

A spouse or parent applies for apportionment by filing a VA Form 21-0788, which requires financial information for the veteran and the person seeking apportionment. Some of the required financial information is:

(1) Income, to include wages, social security benefits, or other public assistance, retirement, etc.

(2) Assets including bank accounts, retirement accounts, investments, personal property, etc.

(3) Monthly living expenses including housing expense, food, utilities, medical expenses, educational expenses, and other expenses.

VA apportionment is typically granted when:

(1) A veteran is responsible for supporting a dependent but is not doing so;

(2) A veteran is in arrears on spousal maintenance and child support;

(3) A veteran is incarcerated and wants a spouse to receive full monthly support; and/or

(4) A veteran is incompetent and in a hospital or institution.

If apportionment is awarded and the veteran objects, the veteran can appeal the apportionment or file for a hardship reduction of the award. Those eligible for apportionment are:

(1) An estranged spouse;

(2) Children living with an estranged or divorced spouse;

(3) Children who are not living with the veteran and are unable to support themselves;

(4) Dependent parents.

When an apportionment request is made, the VA determines whether the request is reasonable and necessary and attempts to balance the needs of the veteran and the family member. Apportionment of more than 50% of a veteran’s compensation is generally not awarded as it is considered to constitute undue hardship to the veteran. Apportionment of less than 20% is considered to be insufficient support for the dependent. Some situations where an applicant is ineligible for apportionment are if the applicant is:

(1) A remarried former spouse;

(2) A dependent child adopted by someone else;

(3) A child serving in the military; or

(4) A spouse found to have committed adultery in the marriage to the veteran.

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