Enforcing child support and alimony orders is a critical responsibility in any divorce case. When one of the parties is a member of the United States military, enforcing these obligations involves specific procedures, agencies, and federal regulations. Chief among them is the Defense Finance and Accounting Service (DFAS)—the agency responsible for processing garnishments from military pay.
For military families in Florida, understanding how garnishment works and how to properly request DFAS enforcement can be the difference between effective compliance and unpaid obligations. Whether the goal is to enforce an initial award or recover arrears, a well-informed approach is essential. A skilled Tampa military divorce lawyer can help ensure that court orders are drafted to meet federal standards, properly submitted, and monitored for compliance.
This article explains how garnishment works in military divorce cases, how DFAS processes support orders, and what legal strategies are available to enforce support obligations through a service member’s pay.
The Role of DFAS in Military Pay Enforcement
The Defense Finance and Accounting Service (DFAS) is the federal agency responsible for processing all payroll services for the Department of Defense. DFAS handles pay for active-duty military, retirees, reservists, and certain DoD civilian employees.
DFAS plays a central role in enforcing support obligations through:
- Garnishments of child support and alimony,
- Enforcement of arrears through wage withholding,
- Division of military retired pay, when ordered by a court.
Because DFAS is a federal agency, state court orders must comply with federal guidelines and include specific language to be valid. A Tampa military divorce lawyer will draft enforceable orders and coordinate with DFAS to ensure the garnishment process proceeds efficiently.
Types of Military Pay Subject to Garnishment
DFAS can garnish several types of military income, including:
- Active-duty base pay,
- Military retired pay,
- Drill pay for reservists,
- Civilian pay if employed by the DoD,
- Voluntary allotments from a service member’s pay.
DFAS cannot garnish:
- VA disability benefits paid directly by the Department of Veterans Affairs,
- Combat pay (in certain limited circumstances),
- Certain allowances, unless explicitly authorized.
A Tampa military divorce lawyer will assess the service member’s pay structure and determine what is available for garnishment to satisfy support obligations.
Legal Basis for Garnishment: Federal Law and Florida Orders
Federal law governs how and when military pay can be garnished. Under 42 U.S.C. § 659, child support and alimony orders issued by state courts are enforceable against federal pay, including military earnings.
In Florida, the family court has jurisdiction to:
- Establish child support and alimony obligations,
- Calculate arrears for unpaid support,
- Issue Income Withholding Orders (IWOs),
- Order enforcement through garnishment.
Once the Florida court has issued a valid IWO, it must be submitted to DFAS with supporting documents. A Tampa military divorce lawyer will ensure all submissions meet federal standards and include the appropriate certifications.
Drafting an Enforceable Support Order for DFAS
To be enforced by DFAS, the court order must:
- Be a final judgment or temporary support order,
- Include specific dollar amounts for current support and arrears,
- Identify the type of support (child, alimony, both),
- List the names, addresses, and Social Security Numbers of both parties,
- Comply with both Florida and federal laws.
DFAS requires certain documents to be included in the package:
- Certified copy of the support order,
- Completed Income Withholding Order (IWO),
- Cover letter indicating the order is for garnishment under 42 U.S.C. § 659,
- Payee’s contact information for payment processing.
A Tampa military divorce lawyer will assemble the required documentation and submit it correctly to avoid delays or rejection.
Submitting the Order to DFAS
All garnishment orders for active-duty or reserve members should be sent to:
DFAS – Garnishment Operations
P.O. Box 998002
Cleveland, OH 44199-8002
Fax: (877) 622-5930
Email: [email protected]
The submission should include:
- Subject line indicating it is a child support/alimony order,
- Contact information for the issuing court or attorney,
- Clear indication of arrears and recurring obligations.
DFAS will review the order for compliance and notify both parties once garnishment begins. A Tampa military divorce lawyer will track the submission and follow up to confirm processing.
Limitations on Garnishment Amounts
Federal law places limits on how much of a service member’s pay can be garnished:
- 50% of disposable earnings if the service member supports another spouse or child,
- 60% if there are no other dependents,
- An additional 5% may be garnished for past-due support more than 12 weeks overdue.
“Disposable earnings” refer to earnings after mandatory deductions, such as federal taxes, SGLI premiums, and retirement contributions.
A Tampa military divorce lawyer calculates the correct garnishment amount and structures orders to comply with federal limitations.
Garnishment of Military Retired Pay
DFAS also processes garnishment of military retired pay under the Uniformed Services Former Spouses’ Protection Act (USFSPA). To garnish retired pay:
- The marriage must have lasted at least 10 years, overlapping with 10 years of military service (10/10 Rule),
- A Florida court must issue a final judgment dividing the pension,
- The order must use the correct coverture formula or percentage language,
- DFAS must receive the certified order with DD Form 2293.
Once processed, DFAS will pay the former spouse directly. If the 10/10 Rule is not met, garnishment must be enforced by other means, such as direct payment or contempt.
A Tampa military divorce lawyer ensures the final order is drafted to meet DFAS approval for pension division and enforcement.
Enforcing Arrears Through Garnishment
If support has gone unpaid, the court can calculate arrears and order repayment through additional garnishment. The arrears order must:
- Clearly state the total owed,
- Include payment schedule (e.g., $250 per month in addition to current support),
- Be supported by documentation such as payment history or prior court orders.
DFAS will garnish the total amount allowed under the federal percentage limits. If arrears exceed those limits, the balance continues to accrue and may be enforced through:
- Contempt of court proceedings,
- Liens on property,
- Seizure of tax refunds,
- Credit reporting.
A Tampa military divorce lawyer can file the appropriate enforcement motions and pursue all available remedies for recovering arrears.
Garnishment When the Service Member Is Uncooperative
When a service member fails to comply with support orders, garnishment becomes essential. Florida courts can:
- Enter an Income Withholding Order without consent,
- Hold the service member in civil contempt,
- Refer the case for garnishment through DFAS,
- Suspend driver’s licenses or professional licenses.
If the service member refuses to provide information or hides income, discovery tools such as subpoenas or depositions may be used.
A Tampa military divorce lawyer will pursue discovery and court orders to uncover all sources of income subject to garnishment.
Voluntary Allotments vs. Court-Ordered Garnishment
A service member may agree to pay support through a voluntary allotment—a deduction from their pay initiated by the member. While this can be effective, it:
- Can be canceled at any time by the service member,
- Does not constitute a court-ordered garnishment,
- May be insufficient to cover full obligations.
Court-ordered garnishment is more secure because it is processed by DFAS based on a judge’s ruling and cannot be stopped by the service member without a new order.
A Tampa military divorce lawyer will convert voluntary allotments into enforceable court orders when necessary.
Garnishment During Deployment
DFAS will continue to process garnishment orders during deployment. All military pay, including:
- Hazard duty pay,
- Imminent danger pay,
- Family separation allowance,
- Combat zone tax exclusion benefits,
are subject to garnishment if classified as disposable income.
Deployed service members cannot avoid enforcement by being outside the country. A Tampa military divorce lawyerensures that garnishment remains in effect regardless of duty status.
What If the Garnishment Is Not Enough?
In some cases, the maximum garnishment under federal law may not satisfy both:
- Ongoing support obligations, and
- Arrears or other debts.
Florida courts may then issue additional enforcement orders, including:
- Judgments for unpaid balances,
- Attachment of bank accounts,
- Interception of tax refunds,
- Wage garnishment from civilian employers (if applicable after military separation).
A Tampa military divorce lawyer will supplement DFAS garnishment with state-level enforcement as needed.
Timing of Garnishment Implementation
Once DFAS receives a valid court order:
- It may take 30 to 60 days to begin garnishment,
- DFAS will issue notices to both parties when it starts,
- Payment is typically processed on a monthly basis.
During this interim, the court may order temporary payments or additional relief to avoid hardship.
A Tampa military divorce lawyer monitors garnishment implementation and addresses delays or errors promptly.
Modifying Garnishment Orders
If a support order is modified:
- A new IWO must be submitted to DFAS,
- The updated amount must be clearly identified,
- Prior orders should be revoked or replaced in writing.
Failure to update DFAS may result in continued garnishment at an incorrect amount. A Tampa military divorce lawyerensures all orders remain current and enforceable.
Termination of Garnishment
Garnishment may be terminated when:
- The obligation ends (e.g., child turns 18 or graduates),
- The support recipient remarries (in the case of alimony),
- A new court order terminates support,
- The service member separates from the military.
Termination must be documented by a court order, which must be submitted to DFAS for processing.
A Tampa military divorce lawyer will file termination motions and notify DFAS to stop withholding when legally appropriate.
FAQ: Enforcing Support Against Military Pay
Q: Can I garnish my ex’s military pay for child support?
A: Yes. DFAS processes court-ordered garnishments for child support and alimony.
Q: How do I start the garnishment process?
A: Obtain a Florida court order for support, then submit it to DFAS with an IWO and required documents.
Q: How much of their pay can be garnished?
A: Up to 50%–65% of disposable earnings, depending on dependents and arrears.
Q: What if my ex is already paying by allotment?
A: Voluntary allotments are not court-enforceable. Garnishment offers stronger protections.
Q: Can I garnish military retirement pay?
A: Yes, if you meet the 10/10 Rule and the court order complies with USFSPA.
Q: Will deployment affect garnishment?
A: No. DFAS continues garnishment regardless of duty status, including combat zones.
Q: How long does DFAS take to implement garnishment?
A: Typically 30–60 days after receipt of valid documents.
Q: Can I collect unpaid support from past years?
A: Yes. The court can calculate arrears and order garnishment to recover them.
Q: What if the garnished amount is not enough?
A: Additional enforcement methods are available through Florida courts.
Q: Who should I contact to manage military support enforcement?
A: A Tampa military divorce lawyer experienced in DFAS protocol and Florida enforcement law.
The McKinney Law Group: Tailored Legal Support for Military Divorce in Tampa
At The McKinney Law Group, we provide more than legal answers—we offer solutions designed for the realities of military life. We represent service members and military spouses in Tampa seeking clarity and protection through divorce.
We help with:
✔ Navigating the legal complexities of military retirement division
✔ Crafting custody agreements for active duty parents
✔ Addressing relocation challenges tied to permanent change of station
✔ Ensuring compliance with both Florida and federal statutes
✔ Guiding you toward stability with a strategic legal plan
Call 813-428-3400 or email [email protected] to get started.