Assistance in obtaining child support

  • Published
  • By Tech. Sgt. Monica Melendez
  • Electronic Systems Center Legal Office
HANSCOM AIR FORCE BASE, Mass. --  Even after a court has ordered a divorced or separated non-custodial parent to pay child support, the parent with custody of the children can have difficulties collecting - while the bills continue adding up. These parents should know that there are a variety of resources to available to assist them.

If an ex-spouse who is not paying child support is a military member, the custodial parent can complain in writing to the non-custodial parent's commander. The complaint should request the commander counsel the ex-spouse regarding financial responsibilities as set forth in AFI 36-2906, "Personal Financial Responsibility."

"Military members will pay their just financial obligations in a proper and timely manner." (AFI 36-2906, Para. 7.1)

This is a punitive regulation. When a military member fails to make good faith efforts to pay court-ordered child support, that person is subject to administrative and/or disciplinary action under the Uniform Code of Military Justice.

The Defense Finance and Accounting Service has an official Web site dedicated specifically to garnishments for child support: http://www.dfas.mil/garnishment/childsupportagency.html. Individuals can also call the Garnishment Customer Service toll-free number at (888) 332-7411.

Individuals seeking assistance with garnishment for child support payments against active-duty, Reserve or Air National Guard members can contact DFAS at: DFAS-DE/DGG, 6760 E. Irvington Place, Denver, CO 80279-8000.

Individuals seeking assistance with garnishment against retired Air Force members should contact the Defense Finance and Accounting Service at: DFAS-CL/DG, 1240 East 9th Street, Cleveland, OH 44199-2055.

If payment for several months is owed, the custodial parent should contact his or her division, county or parish family support division.

Whether or not the non-custodial parent is a military member, the Internal Revenue Service is another resource for the custodial parent. In the past, the IRS collected child support on behalf of welfare recipients only. But in 1980, Congress extended its authority to collect on behalf of non-welfare recipients as well. Once the custodial parent's division, county or parish certifies unsuccessful efforts to collect child support, the IRS will treat the situation as it would a delinquent tax bill. It will contact the delinquent party by mail and by telephone. If necessary, it may even seize property to satisfy the debt. More information is available at any local IRS office or by telephone at the IRS's toll-free number: (800) 829-1040.

For individuals seeking delinquent court-ordered child support outside the jurisdiction of the military, there is a nationwide service called Support Kids. The parties must not be on welfare for this organization to become involved. The organization's national toll-free number is: (800) 801-5437. The company may also be contacted online at www.supportkids.com.

For more information call the Electronic Systems Center Legal Office for a legal assistance appointment at (781) 377-2361 or e-mail esc.jac.cmb@hanscom.af.mil.