Sec. 363. ENFORCEMENT OF CHILD SUPPORT OBLIGATIONS OF MEMBERS OF THE ARMED FORCES
949 words·~4 min read·
/statute-compilations/comps-1793/sec-363A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## SEC. 363 ENFORCEMENT OF CHILD SUPPORT OBLIGATIONS OF MEMBERS OF THE ARMED FORCES ###
(a)Availability of Locator Information **[**[10 U.S.C. 113 note](/us/usc/t10/s113)**]** ####
(1)Maintenance of address information The Secretary of Defense shall establish a centralized personnel locator service that includes the address of each member of the Armed Forces under the jurisdiction of the Secretary. Upon request of the Secretary of Homeland Security, addresses for members of the Coast Guard shall be included in the centralized personnel locator service. ####
(2)Type of address #####
(A)Residential address Except as provided in subparagraph (B), the address for a member of the Armed Forces shown in the locator service shall be the residential address of that member. #####
(B)Duty address The address for a member of the Armed Forces shown in the locator service shall be the duty address of that member in the case of a member— ######
(i)who is permanently assigned overseas, to a vessel, or to a routinely deployable unit; or ######
(ii)with respect to whom the Secretary concerned makes a determination that the member's residential address should not be disclosed due to national security or safety concerns. ####
(3)Updating of locator information Within 30 days after a member listed in the locator service establishes a new residential address (or a new duty address, in the case of a member covered by paragraph (2)(B)), the Secretary concerned shall update the locator service to indicate the new address of the member. ####
(4)Availability of information The Secretary of Defense shall make information regarding the address of a member of the Armed Forces listed in the locator service available, on request, to the Federal Parent Locator Service established under section 453 of the Social Security Act. ###
(b)Facilitating Granting of Leave for Attendance at Hearings **[**[10 U.S.C. 704 note](/us/usc/t10/s704)**]** ####
(1)Regulations The Secretary of each military department, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, shall prescribe regulations to facilitate the granting of leave to a member of the Armed Forces under the jurisdiction of that Secretary in a case in which— #####
(A)the leave is needed for the member to attend a hearing described in paragraph (2); #####
(B)the member is not serving in or with a unit deployed in a contingency operation (as defined in section 101 of title 10, United States Code); and #####
(C)the exigencies of military service (as determined by the Secretary concerned) do not otherwise require that such leave not be granted. ####
(2)Covered hearings Paragraph
(1)applies to a hearing that is conducted by a court or pursuant to an administrative process established under State law, in connection with a civil action— #####
(A)to determine whether a member of the Armed Forces is a natural parent of a child; or #####
(B)to determine an obligation of a member of the Armed Forces to provide child support. ####
(3)Definitions For purposes of this subsection— #####
(A)The term “**court**” has the meaning given that term in section 1408(a) of title 10, United States Code. #####
(B)The term “**child support**” has the meaning given such term in section 459(i) of the Social Security Act (42 U.S.C. 659(i)). ###
(c)Payment of Military Retired Pay in Compliance With Child Support Orders ####
(1)Date of certification of court order Section 1408 of title 10, United States Code, as amended by section 362(c)(4) of this Act, is amended— #####
(A)by redesignating subsections
(i)and
(j)as subsections
(j)and (k), respectively; and #####
(B)by inserting after subsection
(h)the following new subsection: > > ###### “(i) Certification Date > > It is not necessary that the date of a certification of the authenticity or completeness of a copy of a court order for child support received by the Secretary concerned for the purposes of this section be recent in relation to the date of receipt by the Secretary.” > . ####
(2)Payments consistent with assignments of rights to states Section 1408(d)(1) of such title is amended by inserting after the first sentence the following new sentence: “In the case of a spouse or former spouse who, pursuant to section 408(a)(3) of the Social Security Act (42 U.S.C. 608(a)(4)), assigns to a State the rights of the spouse or former spouse to receive support, the Secretary concerned may make the child support payments referred to in the preceding sentence to that State in amounts consistent with that assignment of rights.”. ####
(3)Arrearages owed by members of the uniformed services Section 1408(d) of such title is amended by adding at the end the following new paragraph: > > #### “(6) > > In the case of a court order for which effective service is made on the Secretary concerned on or after the date of the enactment of this paragraph and which provides for payments from the disposable retired pay of a member to satisfy the amount of child support set forth in the order, the authority provided in paragraph
(1)to make payments from the disposable retired pay of a member to satisfy the amount of child support set forth in a court order shall apply to payment of any amount of child support arrearages set forth in that order as well as to amounts of child support that currently become due.” > . ####
(4)Payroll deductions **[**[10 U.S.C. 1408 note](/us/usc/t10/s1408)**]** The Secretary of Defense shall begin payroll deductions within 30 days after receiving notice of withholding, or for the first pay period that begins after such 30-day period.
Connectionstraces to 5
Citation graph
cites case law
Sec. 363
ENFORCEMENT OF CHILD SUPPORT OBLIGATIONS OF MEMBERS OF THE ARMED FORCES
Cites 5Cited by 0 across 0 sources