Payment of Retirement Pay to Court in Garnishment Proceeding

B-190985: Apr 18, 1978

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An advance decision was requested as to the propriety of payment to a State court, pursuant to a court order, of a retired member's retirement benefits in connection with garnishment proceedings. Payment may not be made to the court in this connection as the garnishment related to a settlement of community property which is not considered "alimony" and for which the Federal Government has waived its immunity to State garnishment proceedings. The amount of a member's or Federal employee's pay subject to garnishment for child support or alimony is limited by the Consumer Credit Protection Act, and garnishment orders should not be followed to the extent that they exceed such limitations.