In what instance may a member NOT be deprived of pay by civil process?

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A member of the military may not be deprived of pay by civil process in the case of delinquent state income taxes. This is because federal laws provide certain protections for service members against civil processes that might affect their pay and allowances. Specifically, the Servicemembers Civil Relief Act (SCRA) protects military personnel from wage garnishments for state and local tax debts. The SCRA aims to enable service members to focus on their duties without the added burden of being subjected to civil judicial processes that could hinder their financial security or ability to perform military duties.

In contrast, child support payments, federal tax levies, and private loan defaults can lead to garnishments or other civil processes that may affect a member’s pay. Child support obligations are typically enforceable under various state and federal laws, while federal tax levies allow the IRS to garnish wages to satisfy tax debts. Additionally, private loan defaults can result in lenders seeking court judgments that may lead to wage garnishment. Therefore, these instances do not offer the same protections as delinquent state income taxes for military members.

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