
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC665]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 7--SOCIAL SECURITY
 
 SUBCHAPTER IV--GRANTS TO STATES FOR AID AND SERVICES TO NEEDY FAMILIES 
              WITH CHILDREN AND FOR CHILD-WELFARE SERVICES
 
          Part D--Child Support and Establishment of Paternity
 
Sec. 665. Allotments from pay for child and spousal support owed 
        by members of uniformed services on active duty
        

(a) Mandatory allotment; notice upon failure to make; amount of 
        allotment; adjustment or discontinuance; consultation

    (1) In any case in which child support payments or child and spousal 
support payments are owed by a member of one of the uniformed services 
(as defined in section 101(3) of title 37) on active duty, such member 
shall be required to make allotments from his pay and allowances (under 
chapter 13 of title 37) as payment of such support, when he has failed 
to make periodic payments under a support order that meets the criteria 
specified in section 1673(b)(1)(A) of title 15 and the resulting 
delinquency in such payments is in a total amount equal to the support 
payable for two months or longer. Failure to make such payments shall be 
established by notice from an authorized person (as defined in 
subsection (b) of this section) to the designated official in the 
appropriate uniformed service. Such notice (which shall in turn be given 
to the affected member) shall also specify the person to whom the 
allotment is to be payable. The amount of the allotment shall be the 
amount necessary to comply with the order (which, if the order so 
provides, may include arrearages as well as amounts for current 
support), except that the amount of the allotment, together with any 
other amounts withheld for support from the wages of the member, as a 
percentage of his pay from the uniformed service, shall not exceed the 
limits prescribed in sections \1\ 1673(b) and (c) of title 15. An 
allotment under this subsection shall be adjusted or discontinued upon 
notice from the authorized person.
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    \1\ So in original. Probably should be ``section''.
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    (2) Notwithstanding the preceding provisions of this subsection, no 
action shall be taken to require an allotment from the pay and 
allowances of any member of one of the uniformed services under such 
provisions (A) until such member has had a consultation with a judge 
advocate of the service involved (as defined in section 801(13) of title 
10), or with a law specialist (as defined in section 801(11) of such 
title) in the case of the Coast Guard, or with a legal officer 
designated by the Secretary concerned (as defined in section 101(5) of 
title 37) in any other case, in person, to discuss the legal and other 
factors involved with respect to the member's support obligation and his 
failure to make payments thereon, or (B) until 30 days have elapsed 
after the notice described in the second sentence of paragraph (1) is 
given to the affected member in any case where it has not been possible, 
despite continuing good faith efforts, to arrange such a consultation.

(b) ``Authorized person'' defined

    For purposes of this section the term ``authorized person'' with 
respect to any member of the uniformed services means--
        (1) any agent or attorney of a State having in effect a plan 
    approved under this part who has the duty or authority under such 
    plan to seek to recover any amounts owed by such member as child or 
    child and spousal support (including, when authorized under the 
    State plan, any official of a political subdivision); and
        (2) the court which has authority to issue an order against such 
    member for the support and maintenance of a child, or any agent of 
    such court.

(c) Regulations

    The Secretary of Defense, in the case of the Army, Navy, Air Force, 
and Marine Corps, and the Secretary concerned (as defined in section 
101(5) of title 37) in the case of each of the other uniformed services, 
shall each issue regulations applicable to allotments to be made under 
this section, designating the officials to whom notice of failure to 
make support payments, or notice to discontinue or adjust an allotment, 
should be given, prescribing the form and content of the notice and 
specifying any other rules necessary for such Secretary to implement 
this section.

(Aug. 14, 1935, ch. 531, title IV, Sec. 465, as added Pub. L. 97-248, 
title I, Sec. 172(a), Sept. 3, 1982, 96 Stat. 401.)


                             Effective Date

    Section 172(b) of Pub. L. 97-248 provided that: ``The amendment made 
by subsection (a) [enacting this section] shall become effective on 
October 1, 1982.''
