Official help in obtaining child support due

  • Published
  • By Col. Harris Kline
  • Acting Staff Judge Advocate, Command Services
Sometimes a divorced or separated individual with custody of his or her children has difficulty collecting child support, even after the court has ordered the non-custodial parent to pay. Meanwhile, the bills pile up. In this case, the custodial parent can turn to several resources for help.

If the delinquent ex-spouse is a military member, the custodial parent can complain in writing to his or her commander. The complaint should request that the commander counsel the non-custodial parent on financial responsibilities as set forth in AFI 36-2906: "Military members will pay their just financial obligations in a proper and timely manner" (Para. 7.1). This is a punitive regulation. So if the military member fails to make good faith efforts to pay court-ordered child support, he or she is subject to administrative or disciplinary action under the Uniform Code of Military Justice.

Individuals seeking assistance with garnishment for child support payments against active duty, Reserve or Air National Guard members should contact the Defense Finance and Accounting Service 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.

Whether the non-custodial parent is a military member or not, 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: 1-800-829-1040.

Individuals seeking delinquent child support outside the jurisdiction of the military may also consult one of several private companies that collect overdue child support payments for a fee.

Further questions regarding child support may be addressed to the Legal Office at 781-377-2361.