The Involuntary Allotment Program: An Analysis

• Author: by Captain Joseph M. Ward
• Pages: 05

I. INTRODUCTION

Legal assistance officers often face many problems stemming from divorce support settlements. A new twmt is now appearing in those problems. Soldiers. havmg received a notice informing them that an allotment will soon be taken out of their pay to meet ordered support obligations, are seeking guidance. As B result, military attorneys are being confronted with the Army's program ofinvaluntary child and spousal support allotments.'

In order to assist the attorney in understanding this program, this article will explain the allatmntprocess: howitworksandsomeofIts shortcomings. Initially, there will be a general description of the program. Thereafter, the program will be broken into three sections and each section will be described and analyzed. Finally, an overview of the program coupled with some recommendations will be discussed.

11. THE PROGRAM IN GENERAL

When Congress passed the Tax Equity and Fiscal Responsibility Act of 1982.? It added, effective 1 October 1982, section 466 toTitle42 of the United States Cade.3This amendment pravidedrhat, in certain situations, involuntary allotmentscouldbetaken from anactireduty service member's pay for child OF child and spousal support. Specifically, where the soldier has failed tomake paymentsunder asupport order and the delinquency was in a total amount equal to thesupport payable for tu-o months or longer,' his or her pay was subject to the allotment. The statute outlined certain procedures that must be followed, and directed the Department of Defense IDOD) to issue regulations applicable to allotments made under the section SPursw

ant to this directive DOD published ~n the Federal Register a proposed ruled which provides implementingpalicies and prescribes procedures for the involuntary allotments.

The stated policy requires active duty military members to make involuntary allotments from pay as child support- when the member has failed to make periodic payments under a support order in an amount equal toor greaterthan thesupport payable for twomonths.3 Failure TO make these payments mould be established by notice from acourt, which hajautharitytoissueanorderagainstthememberforsupport or from a state agency with responsibility for recovering amounts owed as child support.B The amount of the allotment would comply with the support order and could include arrearages as well as current Support. if theauthorized personLohas requested it.:? OnceInitiated. the allotment could be adjusted or discontinued only at the direction of the authorized person. So allotment could be started, however, until the service member has consulted a judge advocate to discuss the legal and other factors concerning the member's support obligation and the failure to make payments. The allotment may be initiated, however. if thirty days have elapsed since the soldier received notice of the allotment and it has not been possible. despite continuing good faith efforts. to arrange such a con3ultation..z

In order to initiate the allotment, the authorized person mustserve notice on the Commander. U.S. Army Finance and Accounting Center (USAFACI and include in the notice a certified copy of the underlying support order, a ,~rittenstatementofdellnquentsupporr payments signed by the authorized person, and a statement of the amount of arrearages and, if applicable, the amount to be applied

V i Fed Reg 16 29; 119821 (to be codified a! 14 C F R g 541Tnlear atheru me stated the ferrr"ch8ld mpport'' \id1 also mean' cnild and spousd.upport''

*32 C F R

VId at§ 543iel This wbaeetian states thatthestateagencies ~nardertoqualif?as an authorized person "musl haveineffectaplan approvedunderpartDalTifleIVai the SocislSeeurw.&et 12U S C §§651-66?(19:6lfhoieinafferfheseu~ll bereferred

ID 83 "aurharmed per30"")

' 32 C F R. i 64 3101 (1982))'The ammnf requested could not exceed the limits prescribed nt 15 U S C I1673 ,19761 There limits are

54 dial (19821

1132 c F R 5 54 Nbl 119821 32

19831 INVOLUYTARY ALLOTMEST PROGRAM

each month toward ilquidation of the arrearage~.~~

Within fifteen calendar days of receipt of the notice, the USAFAC must send to the service member written notice:

(1) that notice has been served on the USAFAC, including copies of the documents submitted; (2) of the...