5 C.F.R. § 581.307

Compliance with legal process requiring the payment of attorney fees, interest, and/or court costs

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Before complying with legal process that requires withholding for the payment of attorney fees, interest, and/or court costs, the governmental entity must determine that the legal process meets both of the following requirements:

(a) The legal process must expressly provide for inclusion of attorney fees, interest, and/or court costs as (rather than in addition to) child support and/or alimony payments;

(b) The awarding of attorney fees, interest, and/or court costs as child support and/or alimony must be within the authority of the court, authorized official, or authorized State agency that issued the legal process. It will be deemed to be within the authority of the court, authorized official, or authorized State agency to award attorney fees as child support and/or alimony if such order is not in violation of or inconsistent with State or local law, even if State or local law does not expressly provide for such an award.

[55 FR 1357, Jan. 16, 1990]

Notes of Decisions

Cited in 3 cases, 2002–2004 · leading case: Goldberg v. Miller, 810 A.2d 947 (Md. 2002).

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Goldberg v. Miller, 810 A.2d 947 (Md. 2002). · cites it 10× “) (hereinafter “guardian ad litem fees”) can be collected through garnishment of a federal retirement annuity under 5 C.F.R. § 581.307 (2002), which requires such fees to be treated as child support.”

Miller v. Miller, 788 A.2d 717 (Md. Ct. Spec. App. 2002). · cites it 4× “As noted by appellant in his reply brief, however, the OPM revision also included an additional section, 5 C.F.R. § 581.307 , entitled “Compliance with Legal Process Requiring *249 the Payment of Attorney Fees, Interest, and/or Court Costs,” which states, in relevant part:…”

Kretschmer v. Levin (In Re Levin), 306 B.R. 158 (Bankr. D. Md. 2004). · cites it 5× “Under the regulation, the court noted, a determination of whether attorney’s fees qualified as child support turned on whether the award satisfied the conditions set forth in 5 C.F.R. § 581.307 . Id. at 599 , 810 A.2d 947 .”

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