Collecting child support from military retirement
Collecting Child Support from Military Retirement Pay
When a non-custodial parent owes child support, one of the most reliable income sources to pursue is their military retirement pay. While this can provide steady funds, the process involves strict federal rules and unique challenges that can make enforcement more complicated than standard wage garnishment.
Can Military Retirement Pay Be Garnished?
Yes. Military retirement pay is considered income and can be garnished through the Defense Finance and Accounting Service (DFAS) to satisfy
child support obligations. Both state enforcement agencies and custodial parents with valid court orders can request garnishment.
Common Challenges
Collecting child support from military retirement pay is possible, but it comes with limitations:
- Federal Garnishment Caps – Only 50–65% of disposable retired pay can be taken, depending on whether the retiree has other dependents.
- Division of Retirement – Under the Uniformed Services Former Spouses’ Protection Act (USFSPA), part of the retirement pay may already be awarded to a former spouse as property, leaving less for child support.
- Disability Pay Exemption – VA disability benefits cannot be garnished, which often reduces the total amount available.
- Arrears Collection Issues – DFAS typically prioritizes current obligations, making it harder to collect large unpaid balances.
- Jurisdiction Delays – Retirees may live in different states, slowing enforcement.
What Parents Should Do
If you are seeking child support from military retirement pay:
- Make sure your child support order is current and enforceable.
- Work with your state’s child support enforcement agency to submit an income withholding order to DFAS.
- Keep detailed records of arrears owed.
- Consider professional assistance to avoid costly mistakes and delays.
Why Professional Help Matters
The DFAS process is highly technical, and small errors in documentation can cause delays or denials. At Child Support 2 Collect, we specialize in enforcing child support orders against military retirement pay and other income sources. We know how to navigate federal regulations and state enforcement systems to maximize results for custodial parents.
Need help collecting child support from military retirement pay? Contact Child Support 2 Collect today to start the process.