---
kind: "section"
citation: "32 C.F.R. § 113.3"
title: "32"
number: "113.3"
heading: "Definitions."
url: "https://uscodex.org/cfr/32/113.3"
---

# §113.3. Definitions.

- (a) **Appearance.** The presence and participation of a member of the Military Services, or an attorney of the member's choosing, throughout the judicial proceeding from which the judgment was issued that is the basis for a request for enforcement through involuntary allotment.
- (b) **Applicant.** The original judgment holder, a successor in interest, or attorney or agent thereof who requests an involuntary allotment from a member of the Military Services pursuant to DoD Directive 1344.9. 1
- (c) **Pay subject to involuntary allotment.** For purposes of complying with 32 CFR part [112](/cfr/32/part112.md) and [5](/cfr/32/part5.md) U.S.C. 5520a(k), pay subject to involuntary allotment shall be determined by:
  - (1) **Including—**
    - (i) Basic pay but excluding reduction for education for education benefits under section [38 U.S.C. 1411](/usc/38/1411.md) (“New G.I. Bill”).
    - (ii) **Special pay (including enlistment and reenlistment bonuses).**
    - (iii) **Incentive pay.**
    - (iv) **Accrued leave payments (basic pay portion only).**
    - (v) **Readjustment pay.**
    - (vi) **Severance pay (including disability severance pay).**
    - (vii) **Lump-sum Reserve bonus.**
    - (viii) **Inactive duty training pay.**
  - (2) **Excluding—**
    - (i) **Retired pay (including) disability retired pay).**
    - (ii) **Retainer pay.**
    - (iii) **Separation pay, Voluntary Separation Incentive (VSI), and Special Separation Benefit (SSB).**
    - (iv) Allowances paid under titles [10](/cfr/10.md) and [37](/cfr/37.md) of the United States Code (e.g., Chapter 53 of title 10 and Chapter 7 of title 37, respectively) and other reimbursements for expenses incurred in connection with duty in the Military Service or allowances in lieu thereof.
    - (v) Payments not specifically enumerated in [§ 113.3(c)(1)](#c-1).
  - (3) After including the items in [§ 113.3(c)(1)](#c-1), subtracting the following pay items to compute the final earnings value of the pay subject to involuntary allotment:
    - (i) Federal and State employment and income tax withholding (amount limited only to that which is necessary to fulfill member's tax liability).
    - (ii) **FICA tax.**
    - (iii) **Amounts mandatorily withheld for the United States Soldiers' and Airmen's Home.**
    - (iv) **Deductions for the Servicemen's Group Life Insurance coverage.**
    - (v) **Retired Serviceman's Family Protection Plan.**
    - (vi) **Indebtedness to the United States.**
    - (vii) **Fines and forfeitures ordered by a court-martial or a commanding officer.**
    - (viii) Amounts otherwise required by law to be deducted from a member's pay (except payments under 42 U.S.C. [659](/usc/42/659.md), [661](/usc/42/661.md), [662](/usc/42/662.md), and [665](/usc/42/665.md)).
- (d) **Preponderance of the evidence.** A greater weight of evidence that is more credible and convincing to the mind. That which best accords with reason and probability. (See Black's Law Dictionary 2)
- (e) **Proper and Timely Manner.** A manner that under the circumstances does not reflect discredit on the Military Service.

## Notes

### Authority

Authority: 5 U.S.C. 5520a(k) and 10 U.S.C. 113(d).

### Source

Source: 60 FR 1722, Jan. 5, 1995, unless otherwise noted.