13. Can the military garnish my paycheck for my child support obligations?
In New Jersey divorce, legal separation or paternity cases involving child support or maintenance, the spouse can receive payments through a wage garnishment. A garnishment is authorized for child support and alimony (also called spousal support or separate maintenance). The military pay subject to a garnishment has several exceptions which are BAS, BAH, travel allowances. For many Service members, it means only their base pay is subject to garnishment.
14. What are the garnishment procedures that I must follow to collect from my “deadbeat†servicemember husband?
Federal law (42 U.S.C. 659) authorizes the garnishment of the pay of all members of the military. Moreover, the pensions of retired military members can also be garnished. The procedure for garnishment as follows: First, obtain a court order for garnishment. Second, you must serve the garnishment order to the Garnishment Operations of the DFAS. Once the papers are properly served, then the DFAS will then notify the servicemember and it will suspend the payment of any funds necessary to comply with the garnishment order. The DFAS is then required to serve notice of the garnishment order to the servicemember no later than fifteen calender days after the receipt of the garnishment order.
Division of Military Retirement Benefits
15. Can a military pension be subject to equitable distribution in a divorce case?
Yes. A servicemember’s military pension is often the most valuable asset in a New Jersey divorce. Many spouses often overlook the value of a pension. Since a military pension is also a marital asset, New Jersey can divide it just like any other marital asset. Therefore, it is paramount that each spouse should be knowledgeable as to how New Jersey divorce courts handle the equitable distribution of military pensions, VA Disability, and issues concerning the Survivor Benefit Plan (SBP).
A review of New Jersey caselaw specifically holds that a military pension is subject to equitable distribution. A military pension is divisible. Castiglioni v. Castiglioni, 192 N.J. Super. 594 (1984); Whitfield v. Whitfield, 222 N.J. Super. 36 (App. Div. 1987); (Holding that non-vested military retired pay is marital property); Kruger v. Kruger, 139 N.J. Super. 413 (App. Div. 1976); aff’d, 73 N.J. 464 (1977), (Holding that a post-divorce cola adjustment for a military pension is divisible.)
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