[Payment of Voucher To Satisfy Writ of Garnishment]

An Air Force accounting and finance officer requested an advance decision concerning the propriety of paying an amount owed to a former employee for accrued annual leave to satisfy a writ of garnishment which a State court ordered for child support. The employee was declared a missing person following his failure to report for duty following a period of approved annual leave. Since the employee's whereabouts are unknown, it was asked whether the funds were properly subject to garnishment. Salaries of Federal employees, including consideration for accrued leave, can be garnished to satisfy child support and alimony obligations. However, the Consumer Credit Protection Act placed a maximum on the amount of earnings which are subject to garnishment. Since in this case the employee's beneficiary in the event of his death was the same person who has properly garnished his accrued leave, it was not necessary to determine whether the former employee was missing or dead before garnishment. The former employee's wife was due the money in either situation. Accordingly, a voucher may be certified for payment in accordance with the garnishment order subject to the limitations of the Consumer Credit Protection Act. The remaining funds may be disbursed when the former employee's status is determined.