Final Rule: Allotments From Military Pay for Certain Support Obligations
February 16, 1983
TO: STATE AGENCIES ADMINISTERING CHILD SUPPORT ENFORCEMENT PLANS UNDER TITLE IV-D OF THE SOCIAL SECURITY ACT AND OTHER INTERESTED INDIVIDUALS
SUBJECT: Allotments From Military Pay for Certain Support Obligations
These are final regulations issued by the Department of Transportation which contain procedures for notifying the Coast Guard that a member on active duty is two months or more delinquent in meeting his or her support obligations in order to institute allotments from the pay of the member. This regulation implements section 172 of P.L. 97-248, the Tax Equity and Fiscal Responsibility Act of 1982.
EFFECTIVE DATE: January 31, 1983.
REGULATION REFERENCE: 33 CFR Part 54.
OCSE Regional Representatives
Office of Child Support Enforcement
DEPARTMENT OF TRANSPORTATION
33 CFR Part 54
Allotment From Military Pay for Certain Support Obligations
Agency: Coast Guard. DOT.
Action: Final Rule.
SUMMARY: This rule contains procedures for the notification to institute allotments from the active duty pay of Coast Guard members who are delinquent in meeting their family support obligations. This action implements Section 172, the Tax Equity and Fiscal responsibility Act of 1982.
EFFECTIVE DATE: This rule is effective January 31, 1983.
FOR FURTHER INFORMATION CONTACT: Coleman R. Sachs, Office of Chief Counsel (G-LGL), U.S. Coast Guard Headquarters, Washington. D.C. 20593, (202-426-1553).
SUPPLEMENTARY INFORMATION: Section 172(a) of the Tax Equity and Fiscal Responsibility Act of 1982 (Pub. L. 97-248), enacted on September 3, 1982, requires allotments to be taken from the pay and allowances of any member of the uniformed services on active duty who owes the equivalent of two months or more in court ordered child support or child and spousal support payments. Failure to make these payments is established by notice from a court authorized to order support or the agency or attorney of a State with a Federally approved plan for spousal or child support, who is responsible for recovering amounts owed for this purpose. This notice is to be directed to a designated official within the uniformed service involved.
Upon receipt of the notice, the service must provide a copy to the member whose pay it would effect, and arrange a consultation for that member with a representative of its legal staff to discuss the legal and other factors involved in the member's support obligations and the consequences of failing to make any necessary payments. The allotment may not be instituted until this consultation has been provided, or thirty days after the member had been given notice of the delinquency in all instances where it has not been possible to arrange for the consultation. The uniformed services are directed to issue "regulations" designating the official to whom notice of the delinquency in support obligations or notice to discontinue or adjust an allotment is to be given, prescribing the form and content of this notice, and specifying any other necessary rules. The procedure is promulgated as a final rule because 5 U.S.C.553(b)(3)(A) excepts rules of agency procedure from notice requirements.
It is being made effective upon publication because it implements benefits that became effective on 1 October 1982.
The Coast Guard has evaluated the procedure and determined that it is not a major rule under Executive Order 12291. Furthermore, it is nonsignificant under Policies and Procedures for Simplification. Analysis and Review of Regulations (44 FR 11034, February 28, 1979, as amended by 44 FR 28126, May 14, 1979).
In addition to furnishing the designated official a copy of the order for the support payments, which is required by the Act, these rules require only the submission of information which will be readily available to the applicant. Accordingly, it is also certified under the Regulatory Flexibility Act (5 U.S.C. 605] that the procedure will not have a significant economic impact, on a substantial number of small entities.
List of Subjects in 33 CFR Part 54
Administrative practice and procedure, Wages.
In consideration of the foregoing, the Coast Guard is amending Title 33, Code of Federal Regulations, by adding a new Part 54, to read as follows:
PART 54-ALLOTMENTS FROM ACTIVE DUTY PAY FOR CERTAIN SUPPORT REGULATIONS
54.03 Person authorized to give notice.
54.05 Form and contents of notice.
54.07 Service of notice upon designated Coast Guard official.
Authority: 42 U.S.C. 665(c).
This part prescribes procedures for State officials to notify the Coast Guard that a member on active duty is delinquent in meeting an obligation for child support alone, or both child and spousal support. in an amount equal to the support payable for two months or longer. Under 42 U.S.C. 665, an allotment may be taken from the pay and allowances of the member in this situation.
§ 54.03 Persons authorized to give notices.
For the purpose of instituting an allotment under this Part, notice that a Coast Guard member is delinquent in meeting support obligations may be given by:
(a) Any agent or attorney of any State having in effect a plan approved under Part D of Title IV of the Social Security Act (42U.S.C. 651-664), who has the duty or authority to seek recovery of any amounts owed as child or child and spousal support, including any official of a political subdivision when authorized under a State plan.
(b) The court that has authority to issue an order against the member for the support and maintenance of a child, or any agent of that court.
§ 54.05 Form and contents of notice.
(a) The notice required to institute an allotment under this Part must be given in the form of a court order, letters, or other document issued by a person specified in § 54.03.
(b) The notice must:
(1) Provide the full name, social security number, and duty station of the member who owes the support obligation;
(2) Specify the amount of support due, and the period in which it has remained owing;
(3) Be accompanied by a certified copy of an order directing the payment of this support issued-
(i) By a court of competent jurisdiction, or:
(ii) In accordance with an administrative procedure which is established by State law, affords substantial due process, and is subject to judicial review;
(4) Provide the full name, social security number, and mailing address of the person to whom the allotment is to be paid;
(5) Identify the period in which the allotment is to remain in effect; and
(6) Identify the name and birth date of all children for whom support is to be provided under the allotment.
(c) Each notice must be accompanied by the following information:
(1) For each administrative order, a copy of all provisions of state law governing its issuance.
(2) For each court order and for each administrative order, if not stated in the support order-
(i) An explanation as to how personal jurisdiction was obtained over the member; and
(ii) A statement on the age of majority in the State law, with appropriate legal citations.
§ 54.07 Service of notice upon designated Coast Guard official.
The notice and all accompanying documentation must be sent to Commandant (G-LGL), General Law Division, U.S. Coast Guard Headquarters, Washington, D.C. 20593.
Dated: January 12, 1983.
Rear Admiral, U.S. Coast Guard, Comptroller
(FR Doc 83-2074 Filed 1-28-83: 8:45 am)
Billing Code 4910-14-M