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B-207015 1 (1982-12-14)

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DECISION


THU cOMFpTROLLEI:I GENERAL
OF THE UNITED  STATEB
WASHINGTON, 0,0.  01t548


B-207015


DATE:


Wesley


B. Pitts


Dec emlez


DIGEST:


         1. Where the wife of a former employee
            seeks to garnish for child support
            money due the employee for accrued
            annual leave and the former employee's
            whereabouts and/or continued existence
            is unknown, paym~ent may be made
            without determination of the status of
            the employee since in this ease under
            5 U.S.C. 5582, the wife would also
            receive any money due the employee if
            he is deceased.

        2. Where the wife of a former employee
            seeks to garnish for child support
            money due the employee for accrued
            annual leave, payment must be in
            accordance with the limitations
            contained in section 303(b) of the
            Consumer Protection Act, 15 U.S.C.
            1673(b), since under Office of
            Personnel Management Regulations,
            those limitations also apply to
            garnishment of payments in
            consideration of accrued leave.

     This action is in response to a letter from an Account-
ing and Finance Officer at McGuire Air Force Base, New
Jersey, requesting an advance decision concerning the pro-
priety of paying a voucher in the amount of $1,003.62, to
satisfy a writ of garnishment for amounts due Mr. Wesley E.
Pitts, formerly an employee at McGuire.


     Mr. Pitts was employed at McGuire
Pebruary 1968 until September 1978. I
failed to report to duty following a p
annual leave. He was declared a missi
1978 and formally removed from his pos
September 1978. A New Jersey Superior
order for child support to be paid int
Department on behalf of Mr. Pitts' Eam
the Air Force Accounting and Finance C


Air Force


Base from


n July 1978, Mr. Pitts
eriod of approved
ng person in August
ition at McGuire in
Court garnishment
o the County Probation
ily has been served on
enter. The order was


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FILE:


MATTER OF:


ii.


1982

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