Honoring legal process.

CFR · 2024-01-01 · US · Title 5

(a) The governmental entity shall comply with legal process, except where the process cannot be complied with because: (1) It does not, on its face, conform to the laws of the jurisdiction from which it was issued; (2) The legal process would require the withholding of funds not deemed moneys due from, or payable by, the United States as remuneration for employment; (3) The legal process is not brought to enforce legal obligation(s) for alimony and/or child support; (4) It does not comply with the mandatory provisions of this part; or (5) An order of a court of competent jurisdiction enjoining or suspending the operation of the legal process has been served on the governmental entity. (b) Where notice is received that the obligor has appealed either the legal process or the underlying alimony and/or child support order, payment of moneys subject to the legal process shall be suspended; (c) Under the circumstances set forth in § 581.305 (a) or (b), or where the governmental entity is directed by the Justice Department not to comply with the legal process, the entity shall respond directly to the court, or other authority, setting forth its objections to compliance with the legal process. In addition, the governmental entity shall inform the party who caused the legal process to be served, or the party's representative, that the legal process will not be honored. Thereafter, if litigation is initiated or threatened, the entity shall immediately refer the matter to the United St

official document · source cfr-2024 · id 5:§ 581.305