[Code of Federal Regulations]
[Title 32, Volume 6, Parts 800 to End]
[Revised as of July 1, 1999]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR818.21]

[Page 63-64]
 
                        TITLE 32-NATIONAL DEFENSE
 
                CHAPTER VII--DEPARTMENT OF THE AIR FORCE
 
PART 818--PERSONAL FINANCIAL RESPONSIBILITY--Table of Contents
 
                      Subpart C--Dependent Support
 
Sec. 818.21  Statutory allotments.

    (a) On 3 September 1982, the President signed into law section 
172(a) of Pub. L. 97-248 (codified at 42 U.S.C. 665, effective 1 October 
1982) which allows mandatory allotments from an active duty member's pay 
and allowances to satisfy child or child and spousal support 
obligations. (Alimony or spousal support alone does not qualify under 
this law).
    (b) A spouse or former spouse may obtain an allotment for child 
support or child and spousal support in cases where payments are in 
arrears for at least 2 months.
    (c) This act provides that no more than 50 percent of a member's pay 
and allowances are subject to be allotted from a member who is 
supporting a second family and no more than 60 percent from a member who 
is not. The percentages are increased by 5 percent in each situation 
where there are outstanding arrearages which are 12 or more weeks past 
due. Pay and allowances and exclusions are defined in the DOD 
regulations.
    (d) After the Air Force member is notified and given an opportunity 
to be counseled, the allotment will be established in the next available 
month following 30 days after notice is made on the Air Force member. 
The payments will be made at the end of the month in which the allotment 
was established.
    (e) An allotment, pursuant to this statute, may be accomplished by 
furnishing the Air Force Accounting and Finance Center a written notice 
from a court or state agency administering child support programs under 
title IV-D of the Social Security Act. This notice must be signed and 
must contain the following information:

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    (1) A statement that the person signing is an agent or an attorney 
of the State having a IV-D plan who has the duty or authority under such 
plan to seek to recover amounts owed by a service member as child or 
child and spousal support or a notice from a state court or any agent of 
the court which has authority to issue an order against a service member 
for the support of a child.
    (2) The service member's full name and social security number.
    (3) A recently certified copy of the order awarding support must be 
included with the notice.
    (4) A statement that the support payments are in arrears at least 
two months.
    (5) A court order showing the amount of the arrears and specifying 
that payments be made to liquidate such arrears.
    (6) The total amount of the allotment. (Specify the amount to be 
paid for current support and the amount to be paid each month toward 
arrears.)
    (7) The dates that the current support should terminate (for each 
child).
    (8) Name and address of payee.
    (f) The notice and documents must be served on the following: 
Commander, AFAFC, Attn: JA, Denver CO 80279-5000.

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