Question:

I have a few questions regarding 38 USMC 5301 letter requesting more evidence. Is this regarding child support or waiving your retirement pay?

Jim's Reply:

I don't know what a "38 USMC 5301 letter" is supposed to be unless maybe you're referring to 38 U.S. Code § 5301.Nonassignability and exempt status of benefits ?

The 5301 rule ultimately says that your disability pay can't be attached or garnished for debts. Child support and alimony is not a debt, it's an obligation and there's a difference. No matter what you have heard, the 5301 rule does not relieve you of your responsibility to care for your family...your children...even after divorce. The family court will want to know how much you get in disability payments and to withhold that info may put you in contempt of court.