On behalf of Tasha K. Schaffner of Schaffner Family Law posted in divorce on Wednesday, August 30, 2017.
Ending a marriage with a member of the Armed Forces involves dealing with numerous benefits and other issues that other Kentucky residents may not have to deal with in their proceedings. One of those issues is support orders. Each branch handles its members, providing adequate support in different ways. However, help may not be available if the service member is not paying support ordered in a military divorce in a civilian family court.
The pay of active duty, retired or reserve military members can be garnished. However, you can only seek a garnishment for alimony and child support. Having an order from a civilian court is essential. The order must clearly delineate that it is for one or both types of support.
When sent to the Defense Finance & Accounting Service for implementation, the garnishment must include the military member’s identifying information such as Social Security number, date of birth and name. If you know where he or she is stationed (if active duty) or currently resides (if retired or reserve), that information should be included as well. If the service member is more than two months behind in payments, it may be possible to receive a statutory allotment, which requires a different procedure to obtain.
Complying with both state and federal laws regarding support ordered in a military divorce can be frustrating and complex. If you are not receiving the payments ordered, you may initiate one of the processes above. You may have an increased chance of obtaining much needed support by enlisting the assistance of a Kentucky attorney who understands the complexities involved.