Payment Incident to Writ of Garnishment Not Allowable for Community Property Settlement

B-191592: May 2, 1978

Additional Materials:


Thomas H. Armstrong
(202) 512-8257


Office of Public Affairs
(202) 512-4800

An advance decision was requested concerning payment by a disbursing officer of one-half of a retired officer's pay directly to his former wife as ordered by a State court in a garnishment proceeding. Payment may not be made since the debt involved a community property settlement which is not within the definition of "alimony" for which the Federal Government has waived its immunity to State garnishment proceedings.