U.S. Department of Health and Human Services
Administration for Children and Families
Office of Child Support Enforcement

A Caseworker's Guide to
CHILD SUPPORT ENFORCEMENT AND MILITARY PERSONNEL

PREFACE

The purpose of this guide is to assist child support enforcement caseworkers when one of the parents in a case is an active duty member of the Armed Services. This guide is designed to identify and discuss tools other child support workers have used successfully to cope with some of the most common difficulties in child support enforcement cases involving military personnel.

This guide does not provide any simple answers. Some persons find working through military channels and observing military protocols to be challenging and/or frustrating. To help minimize such difficulties, the guide offers some helpful hints and best practice tips. We have also attempted to use a minimum of acronyms and jargon.

There are at least three helpful hints for dealing with the military on civil matters such as child support enforcement. First, ask for help; do not insist on it. Invoking your civilian authority and making demands will often meet resistance. Respect is significant in all military matters. If you show respect for both military personnel and their mission, they will generally show you and your mission the same level of respect.

Second, be prepared to recognize that there are some valid limitations on the military's abilities to respond to your requests. To illustrate, some military information--such as ship schedules and the dates or locations of military exercises--is routinely classified and cannot be revealed. National security does require some secrecy. Nonetheless, there are well-established ways that you can ask for and can expect to receive the military's help in communicating with any member of any active unit.

Third, use the military command structure to your advantage. Contact the service member first. Then, if necessary, contact the service member's commander or the commander's representative. If you still do not get an acceptable response, then contact the commander's superior and make sure you highlight all your previous attempts to use other points of contact. You will frequently find superiors who will push to resolve personal matters like child support before they interfere with military duties.

The Office of Child Support Enforcement (OCSE) gratefully acknowledges the advice and support of the U.S. Army Judge Advocate General's Corp in the preparation and review of this guide. We will continue to work with the Department of Defense and the various branches of the Armed Services to strengthen, update, and improve this guide. Your comments on and suggestions for this guide are invited and appreciated.

Copies of this guide may be obtained from the OCSE National Reference Center, 370 L'Enfant Promenade SW, Washington, DC 20447: Call (202) 401-9383 or contact Larry Holtz, OCSE Court and Military Liaison Officer at (202) 401-5376 or lholtz@acf.hhs.gov.

Copies of this guide can be obtained electronically from the OCSE home page on the Internet:

Readers are strongly encouraged to visit this web site as it is our most up-to-date and complete source of published Federal materials on child support enforcement.

Preface

Locating Military Personnel

Service of Process & Obtaining Evidence from Military Personnel

Establishing Paternity

Determining the Support Obligation

Collecting Support from Military Personnel

The Soldiers' and Sailors' Relief Act

Summary

APPENDICIES

Appendix A: Addresses for Worldwide Locator Services

Appendix B: Sample Letter to Request Locate Services

Appendix C: Sample Letter to Request Home Address

Appendix D: Total Pay Chart

Appendix E: BAH Table II

Appendix F: Sample Letter to Request Pay Information

Appendix G: Addresses for Serving Orders

Appendix H: Sample Letter to Request Involuntary Allotment

Appendix I: Additional Sources of Possible Assistance

Locating active duty members of the Armed Services can sometimes be difficult. This difficulty is intensified if you cannot provide the member's Social Security Number. Best Practice Tip #1: Always strive to use the military service member's full name and Social Security Number in any written or telephonic contact with the military.

As a starting point in locating military personnel, begin with the most convenient resource—the local Armed Services recruiting office. Recruiters may be able to provide the member's duty station, particularly if s/he enlisted locally within the last year or so. The recruiter's cooperation with your location efforts can usually be encouraged as a matter of good public relations.

Military personnel can often be located directly by telephone. Military installations have a central locator office for assigned personnel. Once you discover the member's duty station, you can use this service by calling the installation locator (the number is available through the installation's information operator) and giving the member's name and Social Security Number. You will get his/her military unit address, which will enable you to correspond both with the member (using registered or certified mail and return receipt service) and with the member's commanding officer(s).

Another resource available to caseworkers may be the military's own legal assistance attorneys. Most large bases have legal assistance offices. These offices are authorized to assist spouses and legitimate children (and in some cases even children born out of wedlock) obtain a member's military address. Any authorized client may consult with any legal assistance attorney at any military base.

Military personnel usually leave a copy of their reassignment orders at their old unit when they depart. Best Practice Tip #2: To help yourself avoid delays in locating military personnel, whenever you have occasion to write or talk with a commander, specifically ask to be advised of the member's next duty station if s/he has moved.

In all cases, you can obtain the work address of an active duty military member from the World Wide Military Locator Services (WWML). The current addresses of these services and a sample location inquiry are in Appendices A and B. The WWML can provide the member's work address. You can then contact either the U.S. Post Office or the postal officer at the nearest military installation for assistance in determining the actual geographic location of the active duty member's APO or FPO work address.

There is no charge for WWML location information provided to State government officials. You will need to provide the member's full name and Social Security Number. Be advised military records may run up to 60 to 90 days behind reassignments, most of which tend to occur during the summer. (Avoid making requests from May through October.) Best Practice Tip #3: Military addresses often look like alphabet soup to civilians. Whenever you use a military address in correspondence with the military, you want to make double sure you have all the right abbreviations in all the right places.

Obtaining the home addresses of military personnel can pose special problems due to the Privacy Act, 5 U.S.C. § 552a. However, it may be possible to obtain this information via the Freedom of Information Act, 5 U.S.C. § 552. You can request home address information from the installation personnel officer where the member is assigned. See Appendix C for an example of a letter requesting such information.

Best Practice Tip #4: Avoid seeking a member's home address from the military unless it is absolutely necessary. Military personnel may be away from their homes for months at a time, but they are rarely away from their military addresses for more than two weeks. So use the military address and remember to always try to put the military's command structure to work for you whenever possible.

Finally, the Federal Parent Locator Service (FPLS), operated by OCSE, may also be a source for location information. Please note that individuals may not make direct requests to the FPLS for information. All requests to the FPLS must go through a State Parent Locator Service. After using normal State IV-D agency procedures to try to locate noncustodial parents, the FPLS can be used to obtain home addresses for most members of the Armed Services. (Unit addresses will be released for certain categories of service members, i.e., those stationed overseas). This locator service is DOD-wide.

The basis for legal jurisdiction over military personnel in routine child support enforcement matters (domicile or State long-arm statutes) is the same as for civilians. Under general principles of law, military personnel usually retain the domicile they held when they enlisted. Thus, in most cases you can proceed against a member of the Armed Forces just in the same way as you would against any other person located out-of-State. Best Practice Tip #5: Jurisdiction under long-arm statutes usually works best.

Service of process on military installations in the U.S. and on ships in U.S. waters is governed under Federal regulations. See Army, 32 C.F.R. Part 516.1(e) and Navy and Marine Corps, 32 C.F.R. Part 720.20.

The easiest method for service of process is by the U.S. mail, if your State law permits. Check with your local bar association office or court to see if service of process via the U.S. mail is allowed. If so, then a certified or registered letter sent to the absent parent's military address is a option. This applies to any U.S. military facility located in the continental U.S. or overseas. Best Practice Tip #6: Both APO and FPO military addresses overseas are in the U.S. mail and all normal U.S. postal procedures apply.

The military's legal assistance attorneys may be unfamiliar with your State laws. In letters to the commander or the member, be sure to mention the adverse effects that can result from delays in your State (e.g., the possibility of a retroactive support order and the resulting arrearage when a support order is finally issued). This may help to reduce delays.

Service of process can sometimes be achieved by the appropriate State official (e.g., the sheriff) serving the area where the member is stationed. Military officials will often cooperate to make the member available for service of process. This procedure may not work, however, when the documents to be served are issued by a court outside the county or State where the installation is located.

For service of process overseas, be advised that each country tends to have unique procedures to follow and forms for foreign applicants to use when initiating requests for services. Both the required documentation and the most appropriate method of serving process may vary from nation to nation and/or over time. In general, the term "letters rogatory" refers to a request for judicial assistance from a court in one country to a court in another country. Letters rogatory can be used to request service of process, assistance in obtaining evidence, or enforcement of judgments

For service of process in overseas locations, the easiest method may again be by the U.S. mail, if your State law permits and if the law where process is to be served permits. Best Practice Tip #7: Military postal clerks will sometimes neglect to send the return receipt back to you. If you do not receive a return receipt after a reasonable time, then (1) prepare a second set of documents and place them in an envelope addressed to the member, with the return receipt affixed and postage paid; (2) put this envelope inside a larger envelope and address the outside envelope to the military postal officer for the APO or FPO where the member is located; and (3) include a note on your unsuccessful effort to get a return receipt and ask that proper postal procedures be followed to deliver the enclosed letter and to send you the receipt.

If service of process by the U.S. mail is not permitted in your State or is not permitted by the law where the process is to be served, then you may be able to use The Hague Convention on Service Abroad of Judicial and Extrajudicial Documents. See TIAS 6638, 20 UST 361, 15 Nov 65. The text of the Convention is in Martindale-Hubbell Law Directory, Vol VIII, and the appendix to the Federal Rules of Civil Procedure 4 in West's U.S. Code Annotated (U.S.C.A.).

For service of process originating in the U.S., the plaintiff's attorney fills out a request on Form USM 94, Request For Service Abroad of Judicial or Extrajudicial Documents, which is available from any U.S. Marshall's Office, and mails it with other required documents to the foreign nation's Central Authority requesting their assistance in making the necessary arrangements.

If the foreign country involved in your case is not a signatory of the Hague Service Convention, then they may be signatories of the Interamerican Convention on Letters Rogatory. The Interamerican Convention designates a nation's Central Authority and the required forms to be used for service of process in Mexico, Central and South America, and Spain. See the U.S. Department of State publication by the Office of the Legal Advisor called Treaties in Force for the text of the Interamerican Convention on Letters Rogatory.

For assistance and information on service of process in nonsignatory nations of the Hague Service Convention or the Interamerican Convention on Letters Rogatory, you can consult with the U.S. Office of Citizens' Consular Services at (202) 647-3444.

For some countries, the required documents will have to be translated. If so, a high school or university may be able to provide foreign language assistance. If such assistance is not locally available, contact the embassy or nearest consulate for the country in question. Be advised that translation may be one of the most expensive aspects of initiating a case to a non-English speaking jurisdiction.

In some cases, you may be able to transfer the case to a foreign UIFSA office. For example, you can use the German federal attorney's office if your State has an agreement with Germany. Most, but not all, States have such an agreement in place. Caseworkers should have their IV-D agency officially contact the German "Central Authority" for assistance.

For military personnel aboard ships outside U.S. waters, service of process is also best handled through the U.S. mail, if your State law permits. You can request the commander's help in arranging voluntary service of process. As a last resort, you can arrange for service through foreign nation authorities when member's ship reaches port. Remember, however, that ports and dates of arrival or departure may not be available for security reasons. In the meantime, you should contact the commander and refer to the military support regulations (see pages 13-15 of this report) to get some support.

Obtaining evidence from military personnel stationed overseas is complicated. Complications arise, in part, because members stationed overseas are subject to the host nation's laws on most civil (and on some criminal) matters. Best Practice Tip #8: Always coordinate your efforts with the other nation's UIFSA agency (if one exists).

You can also use The Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters, see TIAS 7444, 23 UST 2555, March 18, 1970. The text is reprinted at 28 U.S.C.A. § 1781. The Convention has been signed by almost all nations where U.S. forces are stationed. The Convention provides for working with and through the U.S. Secretary of State's Office and the other nation's Foreign Ministry to send a "letter rogatory" to authorities where the member is stationed, asking the foreign court to order the member to produce the evidence. A sample form making such a request can be found at 28 U.S.C.A. § 1781. It may be possible to obtain court orders for blood samples in this way; contract laboratories can often make the necessary arrangements.

Paternity establishment is essentially a civilian matter. As a rule, the military explicitly prefers not to become directly involved in civil matters such as paternity establishment.

If you have contacted the member without securing cooperation, then contact the member's commander, who has very limited powers in such matters. The commander's roles are (1) to advise the member of the paternity claim and to refer him to counsel; (2) to assist those members who wish to acknowledge paternity; and (3) to respond to the complainant. Be advised the commander has no authority to order a blood sample or to even enforce compliance with a court order to submit a blood sample.

Voluntary blood samples drawn by military health officials are possible, but no set policy exists and the degree of cooperation may vary from location to location.

Best Practice Tip #9: Make sure you state clearly in the letter to the commander what you intend to do if the member refuses to cooperate with genetic testing. Options begin with writing the commander's boss detailing your prior unsuccessful attempts to resolve the matter. Other options include pointing out that--if paternity is established--the child support not paid during the interim will accrue with interest and will not stop until the child reaches the age of majority; this debt, under recent changes in the law, is not likely to be discharged or reduced by a court and that this enormous obligation will be waiting for the member whenever he leaves military service to return to civilian life. You may need to be persistent. Show them you will not be easily discouraged.

A closely related issue involves health care for children born out of wedlock to military personnel. Children born out of wedlock to military personnel are entitled to military health care and insurance (TRICARE) if the child is acknowledged and supported by the member or if there is a judicial decree of paternity. A military I.D. card is required to prove eligibility. If the member will not cooperate in getting a military I.D. card for the child, his or her commander can coordinate issuance of an I.D. card.

Military pay consists of basic pay and may also include a Basic Allowance for Housing (BAH), a Basic Allowance for Subsistence or Separate Rations (BAS or Sep Rats) and/or special skill pay (e.g., flight pay) and bonuses (e.g., for reenlistment).

BAH is a new pay designation. As of 1 January 1998, service members receive BAH in place of the old Basic Allowance for Quarters (BAQ) and Variable Housing Allowance (VHA). The BAH received by the service member reflects the old BAQ amount combined with the VHA rate for the locale.

Determining the BAQ amounts is still important. Under the Army's regulations, the BAQ will be the support obligation imposed absent a court order or an agreement. A separate table identifies the amount of compensation that reflects the BAQ with dependants rate and the differential (the amount reflecting the difference between what service members with dependents and those without dependents draw). The table is called BAH Table II and Differential. See Appendix E for a copy of the 1999 table.

Be advised there is no set "military allotment" for family support. The amount of BAH varies due to family status, but members with families get only about $100 to $150 more per month than single members living off post or base. Note the amount of BAH is not intended by the Armed Forces or Congress to constitute full support for families. Best Practice Tip #11: Use your State's guidelines to set the amount of the obligation.

Military regulations provide that members who do receive increased BAH because they have dependents can be disciplined and past BAH payments can be recouped, if the member fails to use the full amount of BAH received as a result of having dependents to support family members. These provisions in the military regulations may provide caseworkers with some leverage when negotiating with a nonsupporting member whom they suspect may be drawing "BAH with dependents."

In general, all pay and allowances may be considered in setting the support obligation. It may also be appropriate under State law/guidelines to consider other factors. For example, all members receive BAS/Sep Rats or they live in government accommodations and eat in the mess hall for free. This "in kind" compensation may justify an upward adjustment of cash income in setting the support obligation. Thus, the BAH and BAS/Sep Rats amount should be constructively added to the member's pay, as the reasonable value of the "in kind" income, even if (s)he is not receiving these.

BAH and BAS/Sep Rats are not taxable. If State guidelines are based on gross pay, it may be appropriate to adjust military pay upward. The amount of the adjustment would be the marginal tax rate on the member's nontaxable income. A member can be entitled to a limited BAH payment based solely on paternity of a child born out of wedlock and generally all the BAH money received solely as a result of having this child must be used to support the child.

These tax free components of total military pay show that an income tax return may not provide the best picture of total military pay. Best Practice Tip #12: To determine the member's income, you should get copies of monthly pay statements called Leave and Earning Statements (LES). Insist on seeing total gross income as well as other data. To illustrate, you should carefully review allotment deductions as they can be easily manipulated (e.g., an allotment can be part of an automatic savings plan). A Freedom of Information Act request for copies of LES statements may be honored. See Appendix F for a sample letter requesting this information.

Additional information is also available from the LES. The LES shows how much leave the member has accrued and this may help determine whether a delay in court proceedings is really needed (see pages 16-17 of this report). The LES shows what State the member claims as domicile for income tax purposes and thus may help to establish legal jurisdiction. It will show whether or not the member is receiving BAH and BAS/Sep Rats and how many dependents are being claimed for income tax purposes.

You may find using military regulations to establish a support obligation results in uneven enforcement, especially regarding payment of arrearages. State guidelines usually require more support, but in some cases (e.g., children born out of wedlock), the regulations call for more money than most guidelines. Best Practice Tip # 13: Always seek a judicial or administrative child support order at the earliest opportunity.

Collecting child support from military personnel is generally governed by military regulations. See Army, 32 C.F.R. Part 584, Army Regulation 608-99, 1 Nov 94; Navy/Marine Corps, 32 C.F.R. Part 733; and Air Force, 32 C.F.R. Part 818.

These regulations require military personnel to pay child support in accordance with support agreements and court orders. In the absence of a court order or support agreement, Army and Marine regulations criminalize failure to pay support at a level generally equivalent to a member's authorized "Basic Allowance for Housing (BAH)." All other services have established guidelines in the regulations for use by the commander where there is no court order or support agreement.

Under military regulations, one solution is a voluntary allotment. Pleas note, however, a voluntary allotment is completely under the member's control and can be started, stopped, or amended at will. A voluntary allotment is a convenience that the government provides military personnel to help them to meet their obligations.

Be advised that without some sort of allotment, child support enforcement is largely outside of a commander's discretion. Commanders cannot direct that a member's pay be diverted to family members, even if a court order exists; a commander can only punish a member for failure to comply. Best Practice Tip #14: Obtaining a court or administrative court is critically important. With a court order, a family can receive child support withheld involuntarily from military personnel through use of garnishments, involuntary allotments, and/or wage assignments.

For use of Garnishments, see 42 U.S.C. §§ 659-662; 5 C.F.R. Part 581. The allowable bases for garnishments include enforcement of periodic family support obligations (including costs and attorney fees if State law defines these items as components of "support").

Pay subject to garnishment generally includes: (1) Federal civilian employee pay and retirement annuities; (2) military active duty pay (basic pay and certain bonuses, but not BAH and BAS/Sep Rats); (3) military retired pay; (4) military reserve pay; and (5) any other "remuneration for employment."

The amount subject to garnishment is the lower of State or Federal ceilings. The Federal ceiling is 50 percent to 60 percent of net pay, depending on the family situation and length of time in arrears; arrears in excess of 12 weeks adds another five percent.

Procedures require obtaining a garnishment order from a State court (naming the employing Federal agency as garnishee) and serving the order, with a copy of the underlying support order, on the employing agency by registered or certified mail; include member's name, status (i.e., active duty, civilian, retiree) and the member's Social Security Number. See Appendix G for Addresses for Serving Orders.

The member's defenses against garnishment include garnishment for impermissible purpose; garnishor's noncompliance with 5 C.F.R. Part 581; subsequent litigation enjoining the garnishment; and possibly an appeal of the underlying support order, depending on the State's laws.

For the use of Involuntary or Mandatory Allotments, see 42 U.S.C. § 665; 32 C.F.R. Part 54. Involuntary allotments are essentially wage withholding actions enforceable against active duty military pay (basic pay, plus bonuses, plus BAH and BAS in some cases).

Best Practice Tip #15: Involuntary allotments are almost always superior to garnishment actions. Involuntary allotments tend to be easier to obtain, longer lasting, and more lucrative in terms of meeting support obligations.

The prerequisites for involuntary allotments begin with a court or administrative order establishing a child support (or spousal and child support) obligation and an arrearage in an amount equal to or greater than two months support under the order.

The procedure for establishing involuntary allotments begins with a "Notice" from any court or any State CSE agent to the military requesting initiation of an involuntary allotment. The Notice can simply be a letter. See Appendix H for a sample notice. No prior notice to the obligor is necessary. The Notice is sent by registered or certified mail to the same officials as for garnishments (see Appendix G).

The Notice should include the member's full name and Social Security Number; a statement that there are arrearages equal to or greater than two months child support; a copy of the underlying order certified by the Clerk of the Court (or by the head of the administrative agency if an administrative order); the date the allotment should stop; and a statement certifying the writer is an "authorized person" or a State CSE agent.

The involuntary allotment will only be for the amount of the monthly support obligation. If arrearages are sought, they must be requested and there must be a court or administrative order which specifically requires the payment of accrued arrearages. There are limitations on the amount of involuntary allotments, which are the same as the limits for garnishment (50 percent to 60 percent, plus five percent if 12 or more weeks in arrears).

The member's defenses against involuntary allotments require that the defendant establish by affidavit and evidence that the underlying child support order has been vacated or modified or that the amount alleged to be in arrears is erroneous.

Be advised that administrative wage assignment withholding notices that are based on a conditional court order and an arrearage sometimes are not honored by military pay offices; they may insist on a subsequent order issued by a court. When sending an administrative withholding order, include a copy of the applicable statute to show that it constitutes valid "process" under State law. Best Practice Tip # 16: Military pay offices almost always honor automatic wage withholding orders (i.e., those that take effect whether or not there is an arrearage).

Send State wage assignment withholding orders to the same office as garnishment orders (see Appendix G). Compensation subject to withholding includes basic pay and bonuses, but not BAH or BAS/Sep Rations. The amount of compensation withheld is limited to 50 percent – 60 percent plus five percent if 12 or more weeks in arrears.

The Uniformed Services Former Spouses' Protection Act (see 10 U.S.C. § 1408; 32 C.F.R. Part 63) essentially authorizes wage withholding against military retired pay for child support and/or spousal support obligations created by a final decree of divorce or legal separation (but not a paternity decree).

No arrearage is necessary to trigger the withholding; the former spouse can initiate a direct payment simply by written request to the appropriate finance center (see Appendix G). The right to receive direct payment is personal to the former spouse and cannot be assigned to a CSE agency, although a request for payment through such an agency may be honored.

The primary alternatives to using this Act to collect child support from retired pay are garnishments and State wage withholding orders.

The Soldiers' and Sailors' Civil Relief Act (SSCRA) is a necessary protective device for U.S. soldiers and sailors during a time of conflict or training. See 50 U.S.C. App.500-548, 560-593 1990, Supp. 1993. The SSCRA is not intended to be used as a shelter from facing legal and family responsibilities.

Best Practice Tip #17: SSCRA provisions apply only to judicial proceedings. You should use administrative processes to enforce child support whenever possible. And you should make it explicitly clear in all correspondence when your enforcement actions are based on administrative proceedings that the SSCRA provisions do not apply and will not be recognized in the case you are working on.

If administrative proceedings are not possible in your State, there are four key SSCRA provisions that are important to observe when enforcing child support. One, the SSCRA permits stays of civil court proceedings whenever military service prevents a plaintiff or defendant in military service from asserting or protecting a right. Members' requests for a stay of proceedings under SSCRA must be granted unless the members' military service does not materially affect their ability to defend themselves.

Note that DOD has recently revised it's regulations in this area. DOD Directive 1327.5 section 6.25 now specifically provides "When a service member requests leave on the basis of need to attend hearings to determine paternity or to determine an obligation to provide child support, leave shall be granted, unless (a) member is serving in or with a unit deployed in a contingency operation or (b) exigencies of military service require a denial of such request. The leave shall be charged as ordinary leave."

Note also that some courts might not consider presence of service member necessary to the proceeding; thus, no stay will be granted. To illustrate, as general rule, temporary modifications of child support do not materially affect rights of the military defendant, as they are interlocutory and subject to modification. The facts of each case will determine whether the trial court abused discretion in refusing a stay request.

Whenever a service member requests a stay, inquire about the reasons for the delay. If the service member is requesting a stay because he or she does not have sufficient accrued leave and/or the available resources to travel, then it may be possible to conduct a telephone conference instead.

Two, the SSCRA provides that the maximum duration of a stay of proceedings is the member's period of military service plus three months after discharge. Following this period, the defendant must appear in court.

Three, the SSCRA affords service members relief against default judgment by providing potential means to have the judgment reopened. If there is default of any appearance by the defendant, before plaintiff can obtain a default judgment, plaintiff must submit an affidavit stating whether the defendant is or is not in the military service or that the plaintiff does not know whether defendant is in the military service. A judgment obtained without the affidavit is voidable (not void) upon defendant's showing that presentation of the defense was prejudiced by defendant's military service.

The court then must appoint an attorney if the defendant is in the service and does not have an attorney present in court or if the plaintiff does not know whether the defendant is in the service. The responsibility of the court appointed attorney is to ascertain whether the defendant is in the military and, if so, typically to request a stay of proceedings in the defendant's behalf.

Members may request to reopen a default judgment if there has been no appearance, the service member has a meritorious or legal defense, and military service adversely affected the member's ability to defend. The application to reopen must be to same court that rendered the judgement. The SSCRA does not empower a district court to collaterally review, vacate, or impede decisions of a State court.

Fourth, the SSCRA provides that any judgment or garnishment may be stayed or vacated unless military service does not materially affect member's ability to comply. Service members can, for example, request modification of child support or alimony. Courts may grant prospective relief as well. Members can initiate a proceeding to determine extent of their support obligations because of changes in circumstances when they entered active duty.

Neither Federal law nor military regulations provide military personnel with any permanent protections from U.S. or foreign courts proceedings to establish paternity and child support obligations.

The Soldiers' and Sailors' Civil Relief Act does provide for temporary stays of proceedings and for re-opening judgments under certain circumstances. However, in all other important respects, child support cases involving military personnel can be handled the same way as civilian cases.

To locate military personnel on active duty either in the U.S. or overseas, you will need the person's full name and Social Security Number.

9It is usually easier and more productive to use the military address (rather than the home address) of military personnel.

If your State law permits, use the U.S. mail, which includes all APO and FPO addresses, for service of process and obtaining evidence from military personnel.

The U.S. has treaties with some of the nations where military personnel are stationed. These treaties may permit you to work with foreign offices to pursue child support even when the absent parent is overseas.

Establishing paternity is a civilian matter and the military would usually prefer not to be directly involved.

Child support obligations should be determined based on total military compensation, often including some tax-free and/or in-kind benefits.

Involuntary allotments are typically better than garnishments or wage assignments for collection of child support obligations from military personnel.

You can avoid some problems with the SSCRA if you use administrative processes rather than judicial proceedings whenever possible.

If you have any further questions regarding child support enforcement and military personnel or need assistance in a specific case, please contact the sources of additional assistance identified in the Preface and in Appendices A, G, and J.

Addresses for Worldwide Locator Services (for members' military address)

Note: Civilian requesters, including State and local officials and agents, must submit requests in writing, preferably on office letterhead. Appendix B is a sample letter requesting a member's home address.

[Your agency or office letterhead]

[WMLS Address

from Appendix A]

Re: SGT John Jones, SSN: 123-45-6789

Dear Sir or Madam:

Please advise me of the military unit and duty station address for the referenced individual, whom I believe to be an active duty member of the [Army, Navy, etc]. The information should be sent to my attention at the letterhead address. Alternatively, a telephonic response is acceptable. My office phone number is (000) 123-4567.

This request is made in my official capacity as a child support enforcement agent for [county, State, etc]. Since we are a public agency, I request that the normal fee for this information be waived. If you need any further information regarding this request, please call me.

Sincerely,

[Your office or agency letterhead]

Commander, Fort Blank

Attn: Military Personnel Officer

Fort Blank, CA 98765-4321

Re: SGT John Jones, SSN: 123-45-6789

Dear Sir or Madam:

This request is submitted pursuant to the Freedom of Information Act. I request to be advised of the named member's home address. Since I am the head of a [State] [county] governmental agency engaged in a civil and/or criminal law enforcement activity in this matter, as authorized by State law, I believe that the requested disclosure constitutes a routine use of this information from the member's personnel records.

Additionally, I believe this information is generally releasable in this case under FOIA, notwithstanding the Privacy Act. I am acting in my capacity as the head of a public law enforcement agency on a matter involving the establishment and enforcement of this member's child support obligation, and I require a home address to fully discharge my responsibilities under State law. The public interest in disclosure to achieve child support enforcement outweighs the member's privacy interests, and therefore release would not constitute an unreasonable invasion of privacy.

The information is sought by a public agency; it will not be used for commercial purposes or for anyone's commercial gain. In view of this fact, and since the search should not require more than 2 hours and fewer than 100 pages are being requested, I assume there will be no chargeable search and reproduction fees. If fees must be assessed, however, please notify me so I can make appropriate arrangements.

I certify that I am authorized by law to collect this information. Please send your response to my attention at the letterhead address. If you need any further information in order to process this request, please call me at (area code) number.

Sincerely,

(This letter should be signed by the director of a law enforcement agency)

For Army Retirees send letter to: U.S. Army Community and Family Support Center, Retired &Veterans Affairs Division, ATTN: DACF-IS-RV, Alexandria, VA 22331-0522

The Monthly Basic Pay Chart is in a separate Adobe PDF file, Jan2000Paytable.pdf

The only rates considered official are in the DFAS computer database and are the ones used for all pay calculations.

Defense Finance &

Accounting Service Center

Reference: SGT John Jones, SSN: 123-45-6789,

Dear Sir or Madam:

This request is submitted pursuant to the Freedom of Information Act. I request copies of the three most recent monthly military pay statements for the above-referenced individual. Since I am the head of a [State] [county] governmental agency engaged in a civil and/or criminal law enforcement activity in this matter, as authorized by State law, I believe that disclosure of the requested information is authorized.

My official duties include gathering information relevant to setting appropriate levels of child support and conducting law enforcement actions on behalf of the State in individual cases. The requested documents will be used to determine the proper level of support for the member's minor children and to evaluate appropriate enforcement actions. Therefore, I specifically need at least the following information from the pay statements: the member's pay grade and amounts and types of monthly pay and allowances; the current leave balance; the domicile claimed for State income tax purposes; and the number of exemptions claimed for tax purposes. If the Privacy Act requires it, I have no objection to your deleting information relating to the member's SSAN and to allotments that are being deducted from military pay.

The information is sought by a public agency; it will not be used for commercial purposes or for anyone's commercial gain. In view of this fact, and since the search should not require more than two hours and fewer than 100 pages are being requested, I assume there will be no chargeable search and reproduction fees. If fees must be assessed, however, please notify me so I can make appropriate arrangements.

I certify that I am authorized by law to collect this information. Please send your response to my attention at the letterhead address. If you need any further information in order to process this request, please call me at (000) 123-4567.

Sincerely,

(This letter should be signed by the director of a law enforcement agency.)

31

Defense Finance & Accounting Service

Cleveland Center

Garnishment Operations Directorate

Code L

P.O. Box 998002

Cleveland, OH 44199-8002

(216) 522-5301

Commanding Officer (LGL)

U.S. Coast Guard Pay and Personnel Center

Federal Building

444 S.E. Quincy Street

Topeka, KS 66683-3591

(913) 295-2984

32

Commander

[Finance Center]

Reference: SGT John J. Jones, SSN: 123-45-6789, U.S.

Dear Sir:

This letter constitutes notice of delinquent support payments and a request for initiation of a mandatory allotment pursuant to 42 U.S.C. § 665.

Sergeant Jones is subject to a court order (certified copy enclosed) that requires him to pay periodic child support in the amount of $ 200.00 per month. He has failed to fully meet this obligation, and his arrears exceed the total support payable for a two-month period under the order. [Moreover, a portion of the arrearage pertains to payments that are more than 12 weeks overdue].

I request initiation of a mandatory allotment from the member's active duty pay in the amount of $ 200.00, the monthly support obligation created by the order. It should be paid to this agency at the following address:

Please continue the allotment until [insert date child will be emancipated by reason of age under State law] or such earlier date as this agency may later advise you.

I certify that I am an "authorized person" as that term is defined in 42 U.S.C.§ 666 and 32 C.F.R. Part 54. I am an agent of a State with an approved Title IV-D program under the Social Security Act, and my duties include seeking recovery of amounts owed as child support or child and spousal support. Thank you for your attention to this matter.

Sincerely,

Child Support Enforcement Agent

Enclosure [copy of support order certified by the clerk of the issuing court]

Appendix I

Additional Sources of Assistance in Enforcing Support

Obligations and Facilitating Service of Legal Process

The agency points of contact listed above are designated officials responsible for facilitating the service of legal process on members of the Uniformed Services. They may also provide useful assistance in resolving problems created by a nonresponsive chain of command. Tips for using these agencies:

1. Write the member's commander first.
2. Provide the member's name and Social Security Number.
3. Give specific facts on periods of nonsupport or other problems. Note your previous efforts to resolve the issues and state how the results were unsatisfactory.
4. State clearly the relief you seek. These agencies will ensure the command is aware of the problem and that the member is counseled regarding support obligations.