Military Pension Subject to Garnishment

Frequently, when there has been a failure to pay court ordered obligations, the party who is owed the funds tries to attach assests of the owing party rather than repeatedly filing motions with the court.

Many people are unclear about whether military pension assets are subject to garnishment.  According to the Department of Defense, if the debt is owed for either child support or maintenance/spousal support, then the military pension benefit is attachable for the past due obligation.  However, you need to include with the Notice to Withhold Income a DD Form 2293 (the same form used to apply for a share of the retirement as a property interest), which is available here:

Denver Divorce Mediator can assist you in resolving disagreements regarding past due child support or maintenance.  Contact us to schedule an appointment to discuss this further.