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FPCD-79-47 1 (1979-04-05)

handle is hein.gao/gaobaayyo0001 and id is 1 raw text is: <q~O Sq~. UNITED STATES GENERAL ACCOUNTING OFFICE WASHINGTONo D.C. 20546 onQ~ APR 5 AIlON DIV9IION 5-183433 The Honorable Jack Edwards House of Representatives 197$ z Dear Mr. Edwards: This is in response to your letter of November 21, 1978# in which you forwarded a lei-ter from George L. Boyle, Major, U.S.A.F. (Retired) for our t. nsideration. In his letter, Major Boyle raised certain questions about the garnishment of his retired pay for alimony and child support payments under the provisions of 42 U.S.C. 659, amended. .. ... We have reviewed Major Boyle's ret..,-ed pay account maintained at the Air Force Accounting d Finance Ce. -r (AFAFC), Denver, together with the Air Force reply tc )u dated November 28, 1978. We are in basic agreement w, i the facts and content of the Air Force reply. Ac'r ,7 j The problems in Major Boyle's case started with the untimely receipt of a writ of garnishment served on the U.S. Attorney at Norfolk, Virginia, on June 8, 1978, but not re- ceived at the AFAFC until August 28, 1978. This writ covered the period June 1 through August 7, 1978. Major Boyle had received his retired pay for June through August 1978, and therefore, had no funds in his retired pay account to satisfy the garnishment. The Air Force treated the writ as if it had been validly served on June 8, 1978, the date of service on the U.S. Attorney in Norfolk. They then calculated how much retired pay accrued to Major Boyle between June 1 and August 7, 1978, even though the money had already been paid. They applied a 35 percent exemption and paid the court $887.60 on the behalf of Major Boyle. As a result, it was . necessary for the AFAFC to recoup this amount from his September 1978 retired pay, leaving Major Boyle a payment of only $48.69 for September. Apparently the delay in answering this writ caused more writs to be issued, with similar procedures being used until a continuing writ was served on October 16, 1978. 109086 (FPCD -79- 47 4990591) -~ ~ N V300L com~

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