5 C.F.R. § 581.101

Purpose

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) Notwithstanding any other provision of law (including section 407 of title 42, United States Code, section 5301 of title 38, United States Code, and sections 8346 and 8470 of title 5, United States Code), section 659 of title 42, United States Code, as amended, provides that moneys, the entitlement to which is based upon remuneration for employment, due from, or payable by, the United States or the District of Columbia to any individual, shall be subject, in like manner and to the same extent as if the United States or the District of Columbia were a private person:

(1) To legal process for the enforcement of an obligor's legal obligations to provide child support, alimony, or both, resulting from an action brought by an individual obligee; and

(2) To withholding in accordance with State law enacted pursuant to subsections (a)(1) and (b) of section 666 of title 42, United States Code, and to regulations of the Secretary of Health and Human Services under such subsections, and to any other legal process brought by a State agency subject to regulations of the Secretary of Health and Human Services that is administering a program under an approved State plan to enforce the legal obligations of obligors to provide child support and alimony.

(b) Section 659 of title 42, United States Code, as amended, provides further that each governmental entity shall be subject to the same requirements as would apply if the governmental entity were a private person, except as set forth in this part.

[63 FR 14757, Mar. 26, 1998]

Notes of Decisions

Cited in 4 cases, 1983–2002 · leading case: Goldberg v. Miller, 810 A.2d 947 (Md. 2002).

Sort: Relevance Newest Treatment

Goldberg v. Miller, 810 A.2d 947 (Md. 2002). “5 C.F.R. § 581.101 . Therefore, the regulation permits garnishment of income for federal employment, including retirement income, to the same extent as any other income if the obligation underlying the garnishment is one for either child support or alimony or both.”

Allan Wayne Morton v. The United States, 708 F.2d 680 (Fed. Cir. 1983). · cites it 2× “Indeed, the majority appears unaware that the current garnishment regulations of the Office of Personnel Management, 5 C.F.R. § 581.101 et seq. (1981), (which are basic to the regulations of all agencies), are void if the majority opinion stands.”

John Douglas v. Raymond J. Donovan, Sec'y of Labor, 704 F.2d 1276 (D.C. Cir. 1983). “IV 1980), and applicable regulations, 5 C.F.R. §§ 581.101 -.501 (1982), the DOL notified Douglas of the garnishment and began to withhold $1504 per month from his disability benefits.”

Millard v. United States, 16 Cl. Ct. 485 (Ct. Cl. 1989). “§ 659 (1982) and its implementing regulations, 5 CFR 581.101 et. seq. (1988). The issue is before the court on cross-motions for summary judgment.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.