Military Alimony Rules in Louisiana: DFAS Garnishment and the 10/10 Rule Explained

An Air Force spouse in Bossier City is told that after seven years of marriage, DFAS will never send her a dime. A soldier at Fort Johnson (formerly Fort Polk) near Leesville assumes his housing allowance is off-limits because it is tax-free. Both beliefs are common, and both are wrong. Military alimony in Louisiana follows state support law, while federal rules control how and from which pay DFAS sends the money.

Mistakes here are costly. Missing a federal requirement can leave a valid Louisiana judgment unenforceable through DFAS, and ignoring SCRA protections can void a default against a deployed member. This guide covers families at Barksdale Air Force Base, Fort Johnson (formerly Fort Polk), Naval Air Station Joint Reserve Base New Orleans, and Louisiana National Guard units statewide.

How Louisiana Spousal Support Applies to Service Members

Louisiana courts apply the same two-tier system to military families. Interim support under La. Civ. Code Ann. art. 113 preserves the marital standard of living while the divorce is pending. Final periodic support under La. Civ. Code Ann. art. 112 requires a claimant in need who is free from fault, and it is capped at one-third of net income. If the service member lived in Louisiana with the spouse, the state's long-arm statute (La. Rev. Stat. Ann. § 13:3201) generally gives Louisiana courts personal jurisdiction over a support claim even after a transfer elsewhere.

What Military Pay Counts as Income

The gross income definition in La. Rev. Stat. Ann. § 9:315 expressly includes military housing and subsistence allowances. In State, Dep't of Soc. Servs. ex rel. D.F. v. L.T., Jr., 934 So. 2d 687 (LA Supreme Court 2006), the court held that a soldier's tax-free BAH and BAS must be counted as income, ruling for the state and the parent receiving support. Judges apply the same approach in alimony cases.

A Dollar Example

Suppose an E-6 at Barksdale receives illustrative monthly pay of $4,500 base pay, $1,800 BAH, and $480 BAS, for a total of $6,780. Only base pay is taxed, so net income might be around $6,000, putting the final support cap near $2,000. Courts may also consider that BAH often drops to the without-dependents rate after divorce, which lowers future ability to pay.

The USFSPA and the 10/10 Rule

After McCarty v. McCarty, 453 U.S. 210 (US Supreme Court 1981) barred states from dividing military retirement, ruling for the retired officer, Congress passed the Uniformed Services Former Spouses' Protection Act (10 U.S.C. § 1408). The USFSPA lets states treat disposable retired pay as property. Louisiana divides it as community property using the fraction approach from Sims v. Sims, 358 So. 2d 919 (LA Supreme Court 1978), which ruled for the non-employee spouse. For divorces after December 23, 2016, the share is frozen at the member's rank and service at divorce (10 U.S.C. § 1408(a)(4)(B)).

The 10/10 rule requires 10 years of marriage overlapping 10 years of creditable service. It decides only whether DFAS will directly pay the property share of retired pay. It does not apply to alimony or child support. A Louisiana court can also divide retired pay only if the member is domiciled in Louisiana, lives there for reasons other than military assignment, or consents (10 U.S.C. § 1408(c)(4)).

VA Disability and Waived Retired Pay

In Mansell v. Mansell, 490 U.S. 581 (US Supreme Court 1989), the court held that retired pay waived to receive VA disability cannot be divided as property, ruling for the veteran. Howell v. Howell, 581 U.S. 214 (US Supreme Court 2017) barred orders requiring veterans to reimburse a former spouse for that loss, also ruling for the veteran. However, Rose v. Rose, 481 U.S. 619 (US Supreme Court 1987) allowed a state court to enforce support against a veteran whose income was VA disability benefits, ruling for the former wife. That is why disability pay often still counts when alimony is calculated.

DFAS Direct Payment and Garnishment

For retirees, the former spouse sends DD Form 2293, Federal, Defense Finance and Accounting Service, Application for Former Spouse Payments from Retired Pay with a certified copy of the Louisiana judgment. For active-duty members, a support order or OMB No. 0970-0154, Federal, Office of Child Support Services, Income Withholding for Support goes to the Defense Finance and Accounting Service, Cleveland. Withholding is limited by the Consumer Credit Protection Act (15 U.S.C. § 1673). DFAS generally must begin payments within 90 days of effective service.

Protections for Deployed Service Members

• Mandatory stay: Under the Servicemembers Civil Relief Act (50 U.S.C. § 3932), a court must grant at least a 90-day stay when the member submits a statement that duty prevents appearance and a commander's letter confirming that leave is not authorized.
• Default protection: Before any default, the filing spouse must submit an affidavit of military status, and the court must appoint counsel for an absent member (50 U.S.C. § 3931).
• Garnishment stays: A court may pause enforcement if military service materially affects the ability to pay (50 U.S.C. § 3934).
• Not a permanent shield: Additional stays are discretionary, and interim support can still be ordered.

Until a court order is in place, branch regulations such as Army Regulation 608-99 and Navy and Marine Corps family support rules generally require members to provide interim support. Commanders can step in when a member does not pay.

Step-by-Step Process in Louisiana

Military families most often file in Bossier, Caddo, Vernon, Rapides, Orleans, and Jefferson Parishes.

Step 1: Gather Military Pay Records

Collect 12 months of Leave and Earnings Statements, orders, and deployment dates. Confirm active-duty status through the DoD SCRA website before filing.

Step 2: Choose the Correct Court

File in the 26th Judicial District Court, Benton, 1st Judicial District Court, Shreveport, 30th Judicial District Court, Leesville, 9th Judicial District Court, Alexandria, Civil District Court for the Parish of Orleans, New Orleans, or 24th Judicial District Court, Gretna.

Step 3: File for Divorce and Interim Support

Interim support is generally retroactive to the filing date under La. Rev. Stat. Ann. § 9:321. While the case is pending, a commander can be asked to enforce branch support rules.

Step 4: Serve the Service Member

Serve the member personally or through the long-arm statute. If the member does not appear, file the required SCRA affidavit before asking for a default.

Step 5: Handle Stay Requests

If the member is deployed, expect a 90-day stay. Ask about remote testimony, which many Louisiana judges allow at their discretion.

Step 6: Prove Income at the Hearing

Exchange disclosures under La. Rev. Stat. Ann. § 9:326, and present BAH, BAS, and special pays from the Leave and Earnings Statements.

Step 7: Draft a DFAS-Compliant Judgment

The judgment should state a specific amount, identify the member, and confirm that SCRA rights were observed (10 U.S.C. § 1408(b)(1)(D)). Unclear wording is the most common reason DFAS rejects an order.

Step 8: Submit to DFAS

Send the certified order with DD Form 2293 for retired pay, or with an income withholding order for active-duty pay. Keep proof of delivery.

Step 9: Secure Survivor Protection

If former spouse SBP coverage is ordered, file DD Form 2656-10, Federal, Department of Defense, Survivor Benefit Plan (SBP)/Reserve Component (RC) SBP Request for Deemed Election within one year of the order (10 U.S.C. § 1450(f)(3)). SGLI beneficiary designations override state decrees under Ridgway v. Ridgway, 454 U.S. 46 (US Supreme Court 1981), which ruled for the named beneficiary.

How Much Does It Cost in Louisiana?

• Filing and advance deposit: roughly $150 to $600, depending on the parish.
• Service, including out-of-state or overseas: about $50 to $300.
• DFAS processing: no fee.
• Attorney fees: $200 to $400 per hour, with retainers of $3,000 to $10,000. Base legal assistance offices give free advice but rarely appear in state court.
• Retirement division drafting: about $500 to $2,500 for a DFAS-ready order.

How Long Does the Process Take?

• Interim hearing: 30 to 90 days, plus any SCRA stay.
• SCRA stay: at least 90 days, sometimes extended.
• Divorce eligibility: 180 days apart without minor children, 365 days with them.
• Final support trial: 6 to 18 months after filing.
• DFAS start date: generally within 90 days of effective service.

Compare Louisiana Military Divorce Attorneys in Our Directory

Military alimony cases call for counsel who knows both Louisiana family law and DFAS requirements. Our directory lets families in Bossier City, Shreveport, Leesville, Alexandria, Baton Rouge, and New Orleans compare verified local attorneys, read reviews, and schedule consultations, including virtual meetings for members who are deployed or stationed away.

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