2011 ERICSA Annual Conference
Neal W. Nelson
Assistant General Counsel
Director, Garnishment Operations
Defense Finance and Accounting Service
May, 2011
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DFAS – Garnishment Operations
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Responsibilities
Workload
Systems
New Initiatives
Child Support Locate and Enforcement Issues
Servicemembers’ Civil Relief Act
Various Garnishment Issues
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Responsibilities
 All Child Support/Alimony Garnishments for All Civilian
Employees and Military members Paid by DFAS – DoD,
DOE, DHHS, EPA, BBG, DVA
 USFSPA Applications for Court-Ordered Divisions of
Military Retired Pay
 Commercial Garnishments – Civilian Employees
 Military Commercial Debt Involuntary Allotments
 Chapter 13 and Chapter 7 Personal Bankruptcies
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Staff Composition
 Assistant General Counsel, Director– Neal W. Nelson
 Deputy Assistant General Counsel, Deputy Director– Scott Lafferty
 Four Team Attorneys
 Four Multi-disciplined Teams – 52 Employees
 Four Supervisory Paralegals
 Eleven/Twelve Paralegals Per Team
 Five Support Staff:





Executive Assistant
Systems Analyst (IGS), State Child Support Liaison
Systems Analyst (IGARN), Telework Coordinator
Legal Assistant
Secretary
 Document Control Center – 11 Employees
 Supervisory Mail Equipment Operator
 Nine Mail Equipment Operators
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Workload
 Court Ordered Actions Processed:
FY 2005:
FY 2006:
FY 2007:
FY 2008:
FY 2009:
FY 2010
FY 2011
341,281
324,281
342,734
353,807
409,133 15.6% Increase
410,940
196,957 - FYTD
 Average Monthly Pay Out: $130 -140 Million
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Workload by Case Type
 Alimony/Child Support:
67.88%
 USFSPA:
12.26%
 Commercial Debt:
Military:
2.96%
Civilian:
13.20%
16.16%
 Bankruptcy:
3.69%
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Garnishment Systems
• Payroll Locator File System (PLFS)
 PLFS contains DoD Civilians, Military Active Duty, Reserves and
Retirees – Also contains information for employees of other
agencies that DFAS pays: Currently DOE, DHHS, EPA, BBG and
DVA Employees
 Utilized throughout DFAS
•
Electronic Document Management System (IGARN)
 Workflow Management & Imaging System
 All Documents Received by Mail are Imaged
 Interfaces with PLFS & IGS
 Fax Gateway – Electronically routes Documents to IGARN
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Garnishment Systems (Continued)
•
Integrated Garnishment System (IGS)
 Facilitates automated processing of garnishments
• Paralegal is solely responsible for implementing the garnishment
• Completely eliminates hand-offs and re-entry of data
• Eliminates errors and re-work
 Assists paralegals with the validation of legal documents through legal
review functionality
 Automates the creation of a variety of notification letters
 The single interface between IGARN, PLFS and Payroll Systems
 All DFAS pay systems except DJMS-RC are interfaced
 Interfaces provide status updates for both the affected employee and
the garnishment transaction – IGS creates notifications based on
feedback from the pay system
 IGS utilizes Smart Docs to send electronic notification of garnishments
 Decreases receipt time
 Reduces costs: postage, paper, man hours
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Electronic Commerce Initiatives – Kids 1st
 DFAS Kids 1st Program
 Child Support Enforcement Agencies Send Orders Directly to
DFAS over secure network - First of its kind in the country!
 Kids 1st file layout served as the model for the electronic Income
Withholding Order (eIWO) program – Developed in coordination
with DFAS, Federal Office of Child Support Enforcement (OCSE)
and the states
 We currently have 30 states using EC to send child
support orders to DFAS
 FY 09 - eIWO Production up 40% over FY 08
 FY 10 Production – Over 100,000 electronic orders
received
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Kids 1st - eIWO
 Five states use the Web Based process;
 Georgia - Hawaii – New Mexico – Utah - Wisconsin
 Two states use the Batch Process;
 South Dakota – Iowa
 Twenty-three states in Production with eIWO;
 Arizona - California – Colorado – Idaho - Illinois - Indiana –
Massachusetts – Michigan – Missouri -Nebraska – New Jersey New York - North Carolina – North Dakota – Ohio - Oklahoma –
Oregon – Pennsylvania – Texas – Virginia – Washington –
Washington D.C. - West Virginia
 Four states In Development/Testing – Projected
Implementation – FY ‘11
 Mississippi – Hawaii (Conversion)
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Electronic Bankruptcy Court Interface
eBCI Implemented February 2010
 We are now receiving bankruptcy documents
electronically by batch file
 FY 2011 – 973 documents received
 Benefits –

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Decreases time to receive bankruptcy documents
Eliminates need to process hard copy documents received by mail
Eliminates manual workload to look up missing SSN’s
Decreases the probability of violation of the automatic stay
by giving us the opportunity to stop garnishments & debt
collections
 Automates the re-routing process of “no-match SSN” documents
to Debt and Claims Management
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DoD Policy
Parents
Are To Be
Fiscally Responsible
For Their Children
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Service Regulations
 Army - AR 608-99
 Air Force - AFI 36-2906
 Navy - SECNAVINST 7431.1
 Marine Corps - Marine Corps Order P5800.16
(LEGADMIN) Chapter 15
 Coast Guard - PERSMAN Chapter 8M
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Service of Process
 Jurisdictional Issue
 Personal Service
 Service Overseas
http://www.travel.state.gov/law/info/judicial/judicial_680.html
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Resources
• ‘A Caseworker’s Guide to Support Enforcement and Military
Personnel’
•
 http://www.acf.hhs.gov/programs/cse/fct/militaryguide2000.htm
(Click on virtual library of training materials)
• ‘Working with the Military on Child Support Matters: Trainer
Guide’
http://www.acf.hhs.gov/programs/cse/pubs/training/working_with_military
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Locate Issues and VOE’S
• The information is contained in the Quarterly Wage &
New Hire Reports ─ these include all pays the member
received for the quarter.
• Ask State Child Support Office for DoD External
Locate Requests ─ sent from the state to DMDC
 Active duty/unit duty address
 Reserves-unit/duty address
 Retired-home address
 Contact your state technical support liaison listed on ACF website
under new hire contacts
• Use of subpoena is cumbersome for states & puts
heavy burden on DFAS.
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Facilitating Service of Process
Army:
Office of the Judge Advocate General
Attn: DAJA-LA
2200 Army Pentagon
Washington, D.C. 20310
(703) 588-6708
Air Force:
AFLSA/JACA
1420 Air Force Pentagon
Washington, D.C. 203301420
(703) 697-0413
Navy:
Office of the Judge Advocate General (Code 16)
1322 Patterson Avenue, SE
Suite 3000
Washington Navy Yard, D.C. 20374-5066
(202) 685-4637
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Military Locator
Army Active Duty:
Army Worldwide Locator
8899 E. 56th Street
Indianapolis, IN 46249-5301
1-866-771-6357
Permanently disabled!
Navy:
Navy Personnel Command
(PERS 312)
5720 Integrity Drive
Millington, TN 38055-3120
(901) 874-3388
fax (901) 874-2000
Air Force:
Army Reserve:
Commander
ARPERCEN
9700 Page Blvd
St. Louis, MO 63132
(314) 538-3777
HQ/AFPC/DPDXIDL
550 C. St. West, Suite 50
Randolph AFB, TX 78150-4752
(210) 565-2660
(210) 565-1675
Military Locator (Cont’d)
Marine Corps:
HQMC – MMSB -17
2008 Elliot Road, Room 203
Quantico, VA 22134-5030
(703) 784-3941
www.mmsb.usmc.mil
Coast Guard:
US Coast Guard
Personnel Command
2100 2nd St. SW
Washington, DC 20593
(202) 493-1200
fax (202) 267-4985
Facilitating Service of Process
Army:
Office of the Judge Advocate General
Attn: DAJA-LA
2200 Army Pentagon
Air Force:
Washington, D.C. 20310
AFLSA/JACA
(703) 588-6708
1420 Air Force Pentagon
Washington, D.C. 20330-1420
(703) 697-0413
Navy:
Office of the Judge Advocate General (Code 16)
1322 Patterson Avenue, SE
Suite 3000
Washington Navy Yard, D.C. 20374-5066
(202) 685-4637
Facilitating Service of Process
Marine Corps:
Paralegal Specialist
Headquarters, US Marine Corps
(JAR)
2 Navy Annex
Quantico, VA 22134
(703) 614-3880
Coast Guard:
United States Coast Guard
G-PC (USCG)
Room 4100E, CGHQ
Department of Transportation
Washington, D.C. 20590
(202) 267-2799
Voluntary Acknowledgement of Paternity
 Previous DoD policy - Out of wedlock children were
dependents for health care benefits
 Judicial determination of paternity
 Dependent upon member for more than 50 percent of his or her
support
 January 28, 2008 - New policy expands and creates a
third category: a voluntary acknowledgement of
paternity
 Policy is to facilitate entitlements to military benefits provided to
children of Uniformed Service Members
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Servicemembers’ Civil Relief Act (SCRA)
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Time for a Change
“Congress has long recognized that the men
and women of our military services should have civil legal
protections so they can "devote their entire energy to the
defense needs of the Nation." With hundreds of
thousands of servicemembers fighting in the war on
terrorism and the war in Iraq, many of them mobilized
from the reserve components, the Committee believes the
Soldiers' and Sailors' Civil Relief Act (SSCRA) should be
restated and strengthened to ensure that its protections
meet their needs in the 21st century.”
House Committee on Veterans Affairs Report 108 H. Rpt. 81
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Servicemembers’ Civil Relief Act (SCRA)
 Purposes of the SCRA:
 (1) to provide for, strengthen, and expedite the national
defense through protection extended by this Act to service
members of the United States to enable such persons to
devote their entire energy to the defense needs of the Nation;
and
 (2) to provide for the temporary suspension of judicial and
administrative proceedings and transactions that may
adversely affect the civil rights of service members during their
military service.
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ORGANIZATION
 Found at 50 USC App. §§ 501-596 (cites herein are to
50 U.S.C. App. § ___)
 Title I - General Provisions
 Title II - General Relief

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Default judgments and stays --§§ 521, 522, 524, 525
Fines & Penalties in contracts - § 523
Statutes of Limitation --§ 526
Maximum rate of interest - § 527
 Title III (§§ 531-538)
 Major substantive protections against evictions, termination of
installment contracts, foreclosure on mortgages, and termination
of leases by lessees, protection to dependents
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ORGANIZATION (cont.)
 Title IV - Life Insurance (§§ 541-549)
 Title V - Taxes and Public Lands
 § 571 - Residence for tax purposes
 Title VI - Administrative Remedies
 Title VII - Further Relief
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New Improved SCRA
 On 19 December 2003, President Bush signed the
SCRA, a complete revision of the SSCRA.
 The SCRA was written to:
 Clarify the language of the SSCRA
 Incorporate and codify many years of judicial interpretation of the
SSCRA
 Update the SSCRA to reflect developments in American life since
1940
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Scope of the SCRA
 Who is Covered:
 Active Military
 Army, Navy, Air Force, Marine Corps, Coast Guard
 Reservists called to active duty
 National Guard in Title 10 status or Title 32 status if called to
active duty for more than 30 days for purposes of responding to
a national emergency declared by the President and supported
by federal funds
 Not applicable to:




Retirees
Civilian Employees
DoD Contractors
Dependents*
*Certain protections may apply to contractual obligations of dependents
(e.g., leases terminations)
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Proceedings/Orders Covered by SCRA
 Judicial Proceedings
 Administrative proceedings (as of Dec. 2003)
 Entry of interim orders (as of Dec. 2004)
 Entry of final orders
 The SCRA has very limited effect on the enforcement
of withholding orders (garnishments)
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Automatic Stays
 As a general rule, the court must grant an initial stay
of proceeding for no less than 90 days if properly
requested by the Service member (plaintiff or
defendant).
Rationale:
With delayed mail delivery and
diminished opportunities to
consult with legal counsel so
common to military service, a
period of time is needed to allow
an adequate opportunity for
servicemembers to consult with
military or civilian counsel, and
to respond to the courts.
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Member Requests for Stay of Proceedings
 Two-fold request:
 Communication from the service member:
 Setting forth facts in which current military duty requirements
materially affect his/her ability to appear
 Stating a date when the Service member will be available to
appear
 Letter from the Service member’s commanding officer
affirming the following:
 Service member's military duty prevents an appearance
 Military leave is not authorized for the Service member at the
time of the letter
 If this letter contains the Service member’s available court dates,
the court may deem the letter sufficient to pass the two-fold test.
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Effect of Request for Stay on Member’s Rights
 Application for a stay under §522 does not constitute
an appearance for jurisdictional purposes and does
not constitute a waiver of any substantive or
procedural defense (including a defense relating to
lack of personal jurisdiction).
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DOD Instruction 1327.6 - Leave & Liberty
 Mandates that service member’s commander grant
leave for paternity and support hearings.
 Exceptions:
 Service member is deployed in a war
 Exigencies of military service require denial of such a request
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Subsequent Requests for Stay
 Court has the discretion to grant or deny the stay
 If the court denies the stay, it must appoint an
attorney to represent the service member
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SCRA and Default Judgments
 When a defendant does not appear in court or
respond to court summons, the SCRA requires a
sworn affidavit by the plaintiff stating either:
 Whether or not the defendant is in military service and showing
necessary facts to support the affidavit
 The plaintiff is unable to determine whether or not the defendant is in
military service.
 Consequences of failing to file an affidavit
 A non-service member defendant has no remedy.
 If the defendant is a service member, then the order can be voided and is
subject to attack upon a showing that the service member:
 is materially affected by reason of military service in making a
defense to the action
 has a meritorious or legal defense to all or part of the action.
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SCRA and Default Judgments
 If defendant is not in the military, the plaintiff may
proceed to final judgment.
 If defendant is in the military, the court is required to
appoint an attorney for the defendant.
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Appointed Counsel
 When defendant is a service member, the court must
appoint an attorney prior to granting a default
judgment
 Duties of appointed attorney
 protects Service member’s rights
 determines status and seeks stay
 Can’t waive rights or bind service member
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SCRA and Default Judgments
 SCRA default guidance applies to all of the following:




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Final Judgments
Interim Orders (New)
Court Orders
Administrative Support Orders but… not to administrative
enforcement remedies, such as liens, wage withholdings, etc.
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Certificate of Military Status
 Defense Manpower Data Center (DMDC)
 Provide Certificate as to military service on the
Internet – acceptable documentation to show whether
he/she is in the military
https://www.dmdc.osd.mil/scra/owa/scra.home
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DMDC Certificate of Military Status
 If the Service member is on active duty, this is what
you’ll see:
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DMDC Certificate of Non-Military Status
 If the Service member is NOT on active duty, this is
what you’ll see:
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Reopening a Default Judgment
 Service member can request court to re-open
judgment any time during Service member’s period of
military service
 Service member or their attorney can also file an
application to re-open within 90 days of the end of
military service
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6% Rate Cap
 SCRA rule on interest
 New law clarifies that interest above 6% must be
forgiven (some creditors were deferring interest)
 Applies to child/spousal support arrearages
 Applies to only those arrearages incurred prior to
induction to active duty
 Material affect analysis applies
 Under SCRA, Service member must request the cap
and produce orders
FEIN for Military & Civilian Employees














Army (Active Duty)
Army (Reserve Duty)
Air Force (Active Duty)
Air Force (Reserve Duty)
Navy (Active Duty)
Navy (Reserve Duty)
Marine Corp (Active & Reserve)
Retired Pay
DoD Civilian Employees
DoE Civilian Employees
HHS Civilian Employees
EPA Civilian Employees
BBG Civilian Employees
Department of Veterans Affairs
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359990000
351819323
849990000
849980000
349990000
349980000
539990000
340727612
311575142
530197006
530196960
520852695
522260085
123456789
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Military Pay
•DoD Pay Tables
http://www.dfas.mil/militarypay/militarypaytables.html
•Basic Allowance for Housing (BAH)
http://perdiem.hqda.pentagon.mil/perdiem/
(Contains BAH tables & zip code feature to search)
•Leave and Earnings Statement (LES)
http://www.dfas.mil/militarypay/newinformation.html
Figuring Support Obligations
• States will establish support amount in accordance
with their State’s guidelines:
Most States use “all income” to compute the amount
Includes both taxable and non-taxable income
Includes pay and allowances
• Military Base Pay by Rank and Time in Service
• Special Pays
• Allowances:
BAH (Basic Allowance for Housing) - Amount increases with Rank
BAS (Basic Allowance for Subsistence)
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What is Disposable Pay?
IT DEPENDS!
• The type of garnishment action determines how
Disposable Pay is calculated – Generally:
Gross Pay Minus Authorized Deductions
• For Child Support Cases:
Includes All “Pay Items” – Base Pay and Special Pays
Bonuses Included – However…
 Excludes – Allowances like BAH, BAS, Taxes – But…
 “Normal” retirement deductions – TSP
• See 5 C.F.R. §581
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Military Pay
• The quarterly wage report provided to NDNH
includes all income received by a military person.
• Special Skills Pays






Flight pay
Hazardous duty pay
Career Sea pay
Submarine duty pay
Jump pay
Many others
• Bonuses
 Lump-sum (usually for Re-enlisting)
• A detailed list of those pays can be found in the DFAS
Quick Guide. (See DFAS web site under child support
agencies’ information).
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Pay Office Addresses
• Obtain Service Members’ Payroll Information from the
Appropriate Military Finance Center
Air Force Active Duty, Air Force
Reserves & National Guard
DFAS Indianapolis
Attn: DFAS IN-GA
8899 East 56th Street
Indianapolis, IN 46249
Army Active Duty, Army
Reserves & Army National
Guard
DFAS Indianapolis
Attn: DFAS IN-FJEF
8899 East 56th Street
Indianapolis, IN 46249-0865
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Navy Active Duty, Navy Reserves
DFAS Cleveland
Attn: DFAS CL-GAF
1240 E. 9th Street
Cleveland, OH 44199
Marine Corps Active Duty
DFAS Cleveland
Attn: DFAS-CL -FCRAF
1240 E. 9th Street
Cleveland, OH 44199
Marine Corps Reserve Duty
DFAS Cleveland
Attn: DFAS-CL-FPPR
1240 East 9th Street
Cleveland, OH 44199
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Legal Authority
The laws and regulations we use:
 Child Support/Alimony
 Statutory Involuntary Allotments - 42 USC 665, 32 CFR 54
 Garnishments - 42 USC 659, 5 CFR 581
 Commercial Debt - Civilian/Military
 Civilian - 5 USC 5520a, 5 CFR 582
 Military - 5 USC 5520a, 32 CFR 112, 113
 Uniformed Services Former Spouses’ Protection Act
 10 USC 1408, DoDFMR Vol 7B, Chap 29
 Consumer Credit Protection Act - 15 USC 1673
 Servicemembers’ Civil Relief Act - 50 USC App. 501 Et
seq.
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Child Support
 Use Income Withholding Orders (IWO) under 42
U.S.C. §659 or statutory allotment under 42 U.S.C.
§665
 IWO quicker to Implement
 IWO can also be sent electronically through Kids 1st –
eIWO
 Allocation - When we receive a second or subsequent
order and the member’s disposable pay is insufficient
to pay all ordered amounts, we must allocate
payments between the orders.
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Contact Information
Send garnishment orders to:
DFAS-HGA-CL
P O Box 998002
Cleveland, OH 44199-8002
Customer Service: 1-888-332-7411
Fax Gateway: 1-877-622-5930
Website: http://www.dfas.mil/
(click on the Garnishment link under the Quick Links Section)
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Uniformed Services
Former Spouses’ Protection Act (USFSPA)
 Allows Applicant to Apply for Payment of:
 Division of Retired Pay as Property
 Current Child Support
 Child Support Arrears
 Current Alimony
 Maximum Payment:
 50% of Disposable Pay
 If Combined with Garnishment Order - 65% Maximum
Helpful Website Links
DFAS
Pay Tables
Explanation of LES
BAH Calculator
My Pay
Combat Zone - IRS Impact
Combat Zones around the world
RAPIDS Locator
MAIL
USPS
Domestic Manual
International Mail Manual
Military Mail Address APO/FPO
Military Postal Service Agency
LOCATE
Military Installation Guide
Find a buddy
Together we served
Navy Ship Addresses
Marine Unit Locations
Army Installations
SCRA
Hague Convention
Service of Process Convention
Evidence Convention
US State Department-service of pro
US State Department-child support
http://www.dfas.mil/militarypay/2006militarypaytables/2007_Web_Pay_Table.pdf
http://www.dfas.mil/militarypay/militaryemploymentverification.html
https://secureapp2.hqda.pentagon.mil/perdiem/bah.html
https://mypay.dfas.mil/mypay.aspx
http://www.irs.gov/newsroom/article/0,,id=101262,00.html
http://www.irs.gov/newsroom/article/0,,id=108331,00.html
http://www.dmdc.osd.mil/rsl/owa/home
http://www.usps.com
http://pe.usps.com/text/dmm300dmm300_landing.htm
http://pe.usps.com/text/imm/welcome.htm
https://tops.ppcigweb.sddc.army.mil/ppcig/home/appendicesPostOffices.jsp
http://hqdainet.army.mil/mpsa/index.htm
http://hqdainet.army.mil/mpsa/index.htm
http://community.military.com/buddy-finder/
http://www.togetherweserved.com
http://www.navy.mil/navydata/ships/lists/ship-fpo.asp
http://www.usmc.mil/marinelink/websites.nsf/unitslocation
http://www.imcom.army.mil/site/imcom/default.asp
https://www.dmdc.osd.mil/scra/owa/home
http://www.hcch.net/index_en.php?act=text.display&tid=44
http://www.hcch.net/index_en.php?act=conventions.text&cid=82
http://travel.state.gov/law/info/judicial/judicial_680.html
http://travel.state.gov/law/info/info_608.html#states
Organization: Garnishment – Notable Awards
 1997 Hammer Award from Vice President Al Gore
 1999 ASMC Team Achievement Award for Meritorious
Performance in Electronic Data Management
 2000 Valued Partner Award from the Federal Office of
Child Support Enforcement Commissioner
 2001 DoD Electronic Commerce Pioneer Finalist Award
from the DoD Joint Electronic Commerce Program
Office
 2001 Employer of the Year in Recognition of Helping
Children through the Kids 1st Program from the
State of Oklahoma
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Garnishment Notable Awards, (Cont’d)
 2004 DoD Applied Innovation Medallion Award for the
Interface of IGS with MyPay
 2004 Eastern Regional Interstate Child Support
Association Recognition Award to Garnishment
Operations for recognition of its efforts in electronic
child support initiatives
 2004 Administration for Children & Families Office of
Child Support Enforcement Commissioners Award
for Achievement Beyond the Call of Duty
 2006 National Child Support Enforcement Association
Award for the Outstanding Employer of the Year
(Letter of Recognition from DoD Comptroller)
3/17/2016
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Questions?
3/17/2016
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