Compensation Locked Out

[yoggie2]

Had some really bad days here lately. I have been screwed up physically since 94 and totally disabled since 05. I have had my bank account frozen my VA check was deposited and nothing I could do $756. due to back child support. First it started off with my DL's suspended and I have been going around with this guy at the Florida Child Support services for 3 month+. I finally got him what he needed to stop action and it pissed him off so bad he went and talk to his buddy in the same floor and had my Bank account frozen that very same day without my knowledge 22Aug08 and I have direct deposit. So I can't pay rent or nothing thank god we have welfare card. They used the Patriot Act in order to do this they no longer have to get a court order to freeze bank accounts. The State and Local governments can now freeze assets at a computer without a court order or notice. I had borrowed money to pay a power bill and phone the day he took action and they (State of Fl) froze the account without any warning notice. Yep, we have come a long way as a country, Yup people come here to live the American dream because they don't have to pay for it and hardly/barely subject to its laws and don't have to pay for it. We pass laws to protect us from terrorist and they turn around and use them on us Americans...............

[SeattleShay]

Yogie

Do you really owe the back child support, have you tried to make arraingements for payments?

At least send the VA amounts that you receive for the dependants??????

I've been on the receiving end of not receiving child support for 2 kids, but my ex was working and could well afford it. He just decided that his "new "family deserved it more. B) B)

I hope that you see your kids and that they understand that Daddy is not well, but still loves them dearly.

I would hope that you could work this out and get the payments lowered for awhile.

Good luck

[john999]

The Patriot Act is a cage to keep Americans under control. I say let the terrorists come here to fight us. We Americans have them outgunned. Every little old lady in my neighborhood has a gun, and McCaine's VP is a pistol packin' mama.

[yoggie2]

SeattleShay, I was paying $600 a Month in Fla for 1 child that's 15 now. My ex does real well for herself and is not pursuing the issue she know when SSA comes she will get back pay as well. In the state of Florida if you can have a Dr saying you will not be returning to work in the next year they can't pursue action. "Let it lie till it works out" VA Compression or Pensions cannot be attached but SSA can. But as of this year Florida is using "The Patriot Act" as a tool to locate and freeze accounts through information data bases nationwide (I currently live in Indiana case you're wondering). They only used it as a tool to intimidate me because I shut them down on the medical end and to force me into ruin I have 21 days to respond or they clean out all I have under $800. He told me once I prove my money in the bank is from the VA Compression direct deposit they would have to release it. Now why would they do this on the very day I provided medical proof I was disabled. Me today you tomorrow a way to control and know where and what people are doing at all times and all the assets you have....after this I would have never believed it and no one will ever convince me otherwise.

Here's my problem with this I knew I owed my wife they knew it too, I paid out of my savings thinking I be fixed a back at work

$4200 July 06, later I started to take in the notes from my Doctor. This is a fine example what it shouldn't be used for or supposed to be use for who's going to stop them they can do it without warning. Say, your state uses it because you were late on state taxes or county they freeze everything you own while on vacation or taking your family out and take you months and money to have it undone....this is small potatoes wait till your on the receiving end and you actually have something for them to take...............It scares me to think of the power they have given to anyone to use at there disposal for what ever..

Edited August 30, 2008 by yoggie2

[jbasser]

Yoggie, the patriot act does not superceed the CFR. Your only income is VA compensation.

The \DAmn bank knows it is by the freaking code on the Direct Deposit. it says US treasyry 220 benefit.

That code means VA comp. Dont let them jerk you around.

Now for the Kids. Are they on your compensation? Since you are ordered to pay child support, Key word is support, then the VA has to pay them their monthly entitlement.

Here is the reg. The VA actually may owe them a boatload of money.

§ 3.57 Child.

top

(a) General. (1) Except as provided in paragraphs (a)(2) and (3) of this section, the term child of the veteran means an unmarried person who is a legitimate child, a child legally adopted before the age of 18 years, a stepchild who acquired that status before the age of 18 years and who is a member of the veteran's household or was a member of the veteran's household at the time of the veteran's death, or an illegitimate child; and

(i) Who is under the age of 18 years; or

(ii) Who, before reaching the age of 18 years, became permanently incapable of self-support; or

(iii) Who, after reaching the age of 18 years and until completion of education or training (but not after reaching the age of 23 years) is pursuing a course of instruction at an educational institution approved by the Department of Veterans Affairs. For the purposes of this section and §3.667, the term “educational institution” means a permanent organization that offers courses of instruction to a group of students who meet its enrollment criteria, including schools, colleges, academies, seminaries, technical institutes, and universities. The term also includes home schools that operate in compliance with the compulsory attendance laws of the States in which they are located, whether treated as private schools or home schools under State law. The term “home schools” is limited to courses of instruction for grades kindergarten through 12.

(Authority: 38 U.S.C. 101(4)(A), 104(a))

(2) For the purposes of determining entitlement of benefits based on a child's school attendance, the term child of the veteran also includes the following unmarried persons:

(i) A person who was adopted by the veteran between the ages of 18 and 23 years.

(ii) A person who became a stepchild of the veteran between the ages of 18 and 23 years and who is a member of the veteran's household or was a member of the veteran's household at the time of the veteran's death.

(3) Subject to the provisions of paragraphs © and (e) of this section, the term child also includes a person who became permanently incapable of self-support before reaching the age of 18 years, who was a member of the veteran's household at the time he or she became 18 years of age, and who was adopted by the veteran, regardless of the age of such person at the time of adoption.

(Authority: 38 U.S.C. 101(4)(A))

(B) Stepchild. The term means a legitimate or an illegitimate child of the veteran's spouse. A child of a surviving spouse whose marriage to the veteran is deemed valid under the provisions of §3.52, and who otherwise meets the requirements of this section is included.

© Adopted child. Except as provided in paragraph (e) of this section, the term means a child adopted pursuant to a final decree of adoption, a child adopted pursuant to an unrescinded interlocutory decree of adoption while remaining in the custody of the adopting parent (or parents) during the interlocutory period, and a child who has been placed for adoption under an agreement entered into by the adopting parent (or parents) with any agency authorized under law to so act, unless and until such agreement is terminated, while the child remains in the custody of the adopting parent (or parents) during the period of placement for adoption under such agreement. The term includes, as of the date of death of a veteran, such a child who:

(1) Was living in the veteran's household at the time of the veteran's death, and

(2) Was adopted by the veteran's spouse under a decree issued within 2 years after August 25, 1959, or the veteran's death whichever is later, and

(3) Was not receiving from an individual other than the veteran or the veteran's spouse, or from a welfare organization which furnishes services or assistance for children, recurring contributions of sufficient size to constitute the major portion of the child's support.

(Authority: 38 U.S.C. 101(4))

(d) Definition of child custody. The provisions of this paragraph are for the purpose of determining entitlement to improved pension under §§3.23 and 3.24.

(1) Custody of a child shall be considered to rest with a veteran, surviving spouse of a veteran or person legally responsible for the child's support if that person has the legal right to exercise parental control and responsibility for the welfare and care of the child. A child of the veteran residing with the veteran, surviving spouse of the veteran who is the child's natural or adoptive parent, or person legally responsible for the child's support shall be presumed to be in the custody of that individual. Where the veteran, surviving spouse, or person legally responsible for the child's support has not been divested of legal custody, but the child is not residing with that individual, the child shall be considered in the custody of the individual for purposes of Department of Veterans Affairs benefits.

(2) The term person legally responsible for the child's support means a person who is under a legally imposed obligation (e.g., by statute or court order) to provide for the child's support, as well as a natural or adoptive parent who has not been divested of legal custody. If the child's natural or adoptive parent has remarried, the stepparent may also be considered a person legally responsible for the child's support. A child shall be considered in the joint custody of his or her stepparent and natural or adoptive parent so long as the natural or adoptive parent and the stepparent are not estranged and residing apart, and the natural or adoptive parent has not been divested of legal custody. When a child is in such joint custody the combined income of the natural or adoptive parent and the stepparent shall be included as income of the person legally responsible for support under §3.24©.(3) A person having custody of a child prior to the time the child attains age 18 shall be considered to retain custody of the child for periods on and after the child's 18th birthday, unless the person is divested of legal custody. This applies without regard to when a child reaches the age of majority under applicable State law. This also applies without regard to whether the child was entitled to pension prior to age 18, or whether increased pension was payable to a veteran or surviving spouse on behalf of the child prior to the child's 18th birthday. If the child's custodian dies after the child has attained age 18, the child shall be considered to be in custody of a successor custodian provided the successor custodian has the right to exercise parental control and responsibility for the welfare and care of the child.(Authority: 38 U.S.C. 501, 1521©, 1541©)

(e) Child adopted under foreign law —(1) General. The provisions of this paragraph are applicable to a person adopted under the laws of any jurisdiction other than a State. The term State is defined in 38 U.S.C. 101(20) and also includes the Commonwealth of the Northern Mariana Islands. The term veteran includes, for the purposes of this paragraph, a Commonwealth Army veteran or new Philippine Scout as defined in 38 U.S.C. 3566.

(2) Adopted child of living veteran. A person residing outside any of the States shall not be considered to be a legally adopted child of a veteran during the lifetime of the veteran unless all of the following conditions are met.

(i) The person was less than 18 years of age at the time of adoption.

(ii) The person is receiving one-half or more of the person's support from the veteran.

(iii) The person is not in the custody of the person's natural parent unless the natural parent is the veteran's spouse.

(iv) The person is residing with the veteran (or in the case of divorce following adoption, with the divorced spouse who is also a natural or adoptive parent) except for periods during which the person is residing apart from the veteran for purposes of full-time attendance at an educational institution or during which the person or the veteran is confined in a hospital, nursing home, other health-care facility, or other institution.

(3) Adopted child of deceased veteran. A person shall not be considered to have been a legally adopted child of a veteran as of the date of the veteran's death and thereafter unless one of the following conditions is met.

(i) The veteran was entitled to and was receiving for the person a dependent's allowance or similar monetary benefit payable under title 38, United States Code at any time within the 1-year period immediately preceding the veteran's death; or

(ii) The person met the requirements of paragraph (e)(2) of this section for a period of at least 1 year prior to the veteran's death.

(4) Verification. In the case of an adopted child of a living veteran, the requirements of paragraphs (e)(2)(ii), (iii) and (iv) of this section are for prospective application. That is, in addition to meeting all of the requirements of paragraph (e)(2) of this section at the time of initial adjudication, benefits are not payable thereafter for or to a child adopted under the laws of any jurisdiction other than a State unless the requirements of paragraphs (e)(2)(ii), (iii) and (iv) of this section continue to be met. Consequently, whenever Department of Veterans Affairs benefits are payable to or for a child adopted under the laws of any jurisdiction other than a State, and the veteran who adopted the child is living, the beneficiary shall submit, upon Department of Veterans Affairs request, a report, or other evidence, to determine if the requirements of paragraph (e)(2)(ii), (iii), and (iv) of this section were met for any period for which payment was made for or to the child and whether such requirements will continue to be met for future entitlement periods. Failure to submit the requested report or evidence within a reasonable time from date of request may result in termination of benefits payable for or to the child.

(Authority: 38 U.S.C. 101(4), 501)

Cross References:

Improved pension rates. See §3.23. Improved pension rates; surviving children. See §3.24. Child's relationship. See §3.210. Helplessness. See §3.403(a)(1). Helplessness. See §3.503(a)(3). School attendance. See §3.667. Helpless children—Spanish-American and prior wars. See §3.950.

[44 FR 45935, Aug. 6, 1979 and 45 FR

Edited August 30, 2008 by jbasser

[SeattleShay]

Yoggie

I have heard that FL is terrible to deal with on these matters and this certainly is not helping your mental status at all.

Your bank is at fault for this by releasing VA compensation funds.

Take whomever you need as moral support, I would go with you but Seattle is a bit of a hike, and demand to see a bank officer and get this taken care of 1st thing Tuesday morning.

Take a copy of the regulation prohibiting their actions and show who the real "terrorists" are.

[Ricky]

Yoggie - not wanting to start a war or anything but could you please tell me how the patroit act was used to freeze your bank account for back child support?

I would suspect that you are the subject of new laws sweeping the country which ease the collection of child support for state child support collection agencies. These laws have eased the lein and levy process for child support to the same level as for the collection of back taxes (state). All that is required is for the Dept of Revenue to file a lein action (no in court action required) with the court clerk. If the lein is not satisfied they can at any time cause a levy to be placed on any and all property (including bank accounts) and zappo you are frozen. This is not an attachment of your VA pay as it is a levy on your entire bank account and the bank has to stop all withdrawl action not matter where the money came from. Remember, although the court can not attach your VA payments, the judge will and does order you to pay things such alimony, child support etc........ Once ordered the court does not attempt to lein on your VA pay (cause they cannot) however, it does not care where from or how you get the money to pay the ordered support. So if that means you have to use your entire VA payment then you gotta use it or suffer the rath of the court (entire bank account frozen or the sheriff pulling up in the driveway and pulling off with that paid for - or not paid for corvette or harley). The lein and levy can be applied at the same time. The states have a money owed requirement for such an action (ie if back payments meet or exceed 300.00 then they do it). The DL supension is also another law enacted which allows the states to take your DL if you owe back child support. Bottom line is if you have children the court is going to insure they are supported even if it means you have to become homeless or your new family has to go hungry that is just the way it is.....

The Patriot can not be used for such an action unless you are the suspect of a criminal action such as money laundring, international terrorism etc.......

The provisions of the Patriot Act have been in place for many years under various other names and has been used in criminal cases as needed. The Patriot Act simply brought all of them under one umbrella and now allows the various acts to be used in intelligence cases such as international terrorism - which COULD NOT BE DONE PRIOR TO THE PATRIOT ACT. Although things such as international terrorism is a criminal issue it was/is persued through intelligence investigations and the activities now covered under the patriot act were previously forbidden to be used in intelligence cases. Trust me the implementation of any item covered under the patriot act against a U.S. citizen or foreign national requires a very long and intensive probable cause process and a very close look at under the high powered microscope held by the court.

Now if you were doing a lot of international banking transactions with large sums of money then maybe the ole patriot act got you - but for child support nope, no way.

Edited August 30, 2008 by Ricky