A Guide For Enforcing Child Or Spousal Support Orders

Enforcing Child or Spousal Support: A Guide for Military and Civilian Parents

Enforcing child or spousal support can be a complex process, especially when dealing with military-specific issues like deployments, relocations, or unique pay structures. Whether you are a service member seeking to enforce your rights or a civilian spouse trying to collect unpaid support, understanding the various enforcement methods available can help ensure compliance with court orders. This blog provides an overview of the tools available for enforcement, including wage garnishments, liens, retirement account collections, and state court contempt proceedings. Our firm is dedicated to helping both military and civilian clients navigate these processes.

Wage Garnishment for Support Enforcement

Wage garnishment is a common method used to enforce child or spousal support orders. Under federal law, up to 50-65% of a parent’s disposable income can be garnished for support, depending on other dependents and arrears. This applies to both military and civilian income sources. For military service members, garnishment orders can be processed through the Defense Finance and Accounting Service (DFAS), which ensures support payments are deducted from paychecks, retirement benefits, or bonuses.

Civilian wage garnishments are handled similarly, where the employer withholds the specified amount from the paying parent's wages and sends it to the recipient. For military parents, understanding how DFAS processes garnishments and ensuring proper paperwork is submitted is crucial to effective enforcement.

Wage Liens for Support Enforcement

A wage lien is another tool that can be used to secure unpaid child or spousal support. A lien gives the receiving parent a legal claim against the paying parent’s income until the debt is satisfied. Both civilian and military wages can be subject to wage liens, and once the lien is in place, employers (including DFAS for military personnel) are required to withhold wages to pay off the support obligation.

For military families, ensuring that wage liens are processed correctly through DFAS requires attention to detail. Civilian parents, too, can use this tool to enforce support, especially when garnishments alone are insufficient.

Collection from Qualified Retirement Accounts

Enforcement can also extend to qualified retirement accounts, such as military pensions or civilian retirement benefits. Under the Uniformed Services Former Spouses' Protection Act (USFSPA), military retirement pay can be divided in divorce and used to collect unpaid child or spousal support. Civilian retirement accounts, such as 401(k)s or pensions, can similarly be subject to garnishment.

This method ensures that both service members and civilian spouses can collect owed support, especially when wage garnishments or liens are insufficient to cover arrears.

State Court Contempt Proceedings

State court contempt proceedings are one of the most powerful enforcement tools for child and spousal support. If a parent fails to comply with a support order, the other parent can ask the court to hold them in contempt, which can result in penalties ranging from fines to jail time. Both military and civilian parents can be held accountable through contempt proceedings, and courts can issue wage garnishment or withholding orders to collect support.

For military parents, state court contempt orders can lead to DFAS enforcement of garnishments or liens. Civilian parents can similarly use these proceedings to ensure that their support orders are enforced. Both parties benefit from this process when voluntary compliance has broken down.

Military-Specific Enforcement through DFAS

For military families, DFAS plays a key role in processing wage garnishments, liens, and retirement benefit collections for child or spousal support. Once a valid court order is obtained, DFAS ensures that payments are deducted from military pay or retirement accounts. This system ensures that support orders can be enforced even when a service member is deployed or stationed overseas.

Enforcing Support for Military and Civilian Parents

Both military and civilian parents have the right to enforce their child and spousal support orders. Whether seeking payment from a civilian or service member, legal avenues like wage garnishment, liens, and contempt proceedings are available to ensure compliance. Military parents can also petition for modifications if their income changes due to deployments or other service-related issues.

Having a knowledgeable attorney who understands both civilian and military systems is crucial to successfully enforcing support orders, no matter which side of the issue you are on.

Call to Action

If you are seeking to enforce child or spousal support—whether you are a military service member or a civilian—our military-focused law firm can help. We understand the complexities of DFAS, military pay, and state enforcement procedures, ensuring you get the support you're entitled to. Contact us today to schedule a consultation by calling 301-952-9000 or using our online scheduling link (CLICK HERE)

Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Reading this blog does not create an attorney-client relationship. For specific legal advice, please contact an attorney directly.