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Collecting Unpaid Child Support from Military Retirement Pay
When a non-custodial parent owes child support, their military retirement pay can be one of the most reliable income sources to pursue. While steady, the process comes with unique rules and restrictions that make enforcement more challenging than traditional wage garnishment.
At Child Support 2 Collect, we help custodial parents understand and navigate these challenges so they can recover the support their children deserve.
How Military Retirement Pay Can Be Garnished for Child Support
Military retirement benefits are considered income and are subject to garnishment under federal law. The Defense Finance and Accounting Service (DFAS) is the agency that processes these garnishments.
Options include:
- Direct Garnishment Orders – DFAS enforces court-ordered garnishments.
- Income Withholding Orders – State child support enforcement agencies submit these orders directly to DFAS.
- Voluntary Allotments – Rare, but possible if the retiree agrees to deductions.
Challenges in Collecting Child Support from Military Retirement
- Federal Garnishment Limits
Only 50–65% of disposable retired pay may be garnished, depending on other dependents. - Division of Retirement vs. Support
Retirement pay divided under the Uniformed Services Former Spouses’ Protection Act (USFSPA) can reduce the portion available for child support. - Arrears Collection Limitations
DFAS often applies garnishments to current obligations, making it harder to collect large arrears. - Jurisdictional Issues
Retirees may live in different states than the custodial parent, creating enforcement delays. - Disability Pay Exemption
VA disability pay in lieu of retirement benefits is exempt from garnishment, limiting what can be collected.
Steps to Enforce Child Support from Military Retirement
- Secure a valid and enforceable child support order.
- Work with your state child support enforcement agency.
- Provide documentation, including arrears calculations and court orders.
- Understand DFAS garnishment limits and exemptions.
- Partner with experienced professionals to ensure enforcement is handled correctly.
Why Work with Child Support 2 Collect?
Navigating DFAS, state laws, and federal regulations can be overwhelming. Our team has extensive experience recovering unpaid child support from military retirement pay. We know how to minimize delays and maximize collection so that your child receives the support they are owed.
Take the first step today. Contact Child Support 2 Collect and let us help you enforce your child support order against military retirement pay.
"My children were 47, 45 and 43 years old. I had not received a payment for 25 years. My ex-husband passed away and I had always thought his children would inherit from him. He did not have them in his Will and I had finally had enough. I hired Child Support 2 Collect and within 14 days they froze his bank accounts. I collected $166,736.84. I would recommend them to anyone who is owed money. They really know what they are doing and they have changed my life."
— Mary Day
FAQs
Frequently Asked Questions
Can military retirement pay be garnished for child support?
Yes. Military retirement pay is considered income and can be garnished through the Defense Finance and Accounting Service (DFAS) to satisfy child support obligations.
How much of military retirement pay can be taken for child support
Federal law allows 50–65% of disposable military retirement pay to be garnished for child support, depending on whether the retiree has other dependents.
Can VA disability benefits be garnished for child support?
No. VA disability benefits are exempt from child support garnishment, which may reduce the amount available for collection if a retiree waives retirement pay in exchange for disability pay.