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Back Due Child Support/garnishment ?

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luvHIM

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Here's a question for you all...the wife of a vet (the wife is my friend), I don't know the spouse. However, she shared that spouse has been married before and now has grown children. But when he stopped working due to disability could not pay child support. His claim was recently granted and they are expecting a decent back payment check.

However, her husband is now concerned that the child support division will take his back pay and future payments to pay back child support (support in arrears) because the actual child support case is now closed due to the children being adults now. Can anyone help with this question because I don't have a clue. What can be legally taken from veteran compensation and any back pay due him?

I have searched and found some information but it is confusing because it talks about aportionment and mainly vets who have retired. I searched BVA cases even. Many of them were cases filed by the ex-wife and denied. But they were not cases that dealt with garnishments of a veterans disability compensation benefits.

Can anyone in haditville help with this matter. Thanks.

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Unless there is a court order directly to the VA for recoupment of child support there will be no garnishment. There has to be court order from the judge, not child support, in order for them to withhold monies. :rolleyes:

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It can happen... It looks as though the federal government may have to do it, thougth. It seems the state government tries to do it, but that the VA gets involved at that point. It's pretty confusing. The last link below is for Title 38, Part IV, Chapter 53, § 5301. Nonassignability and exempt staus of benefits. The top two links address the issue as well.

Best advice for the friend and her spouse is NOT to set up on Direct Deposit. Just opt to receive a paper check until the smoke clears, and they feel they are in the clear of trouble.

http://www.va.gov/OCA/testimony/hvac/5AG98AGC.asp

http://www.disabilitylawclaims.com/library/disability-benefits-child-support-alimony-divorce.cfm

http://www.law.cornell.edu/uscode/html/uscode38/usc_sec_38_00005301----000-.html

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only a government agency can garnish or place a lien on disability benifits i.e. IRS or the VA. If the ex is aware of payments and lets the cours know your disibilty is considered income and child support is based off of total income. The court order will require you to pay a percentage of you income for the support of your minor children. The key to it is it is your obligation and a portion of your total income all sources SSI, VA, 401k, annuities. lottery winnings etc. if the court is aware of them are income.

Apportionment all spouses have the right to file for an apportionment this one case where the VA works for the veteran it will not harm the veteran thats why no lein or garnisment can be ordered by any creditors except the federal government. The paperwork for an apportionment is almost like a means test the spouse is required to give all information concerning their financial situation and some choose not to have the government in their business. You have to be poverity stricken to awarded it.

If they have not went after you for arrears by now you dont have anything to worry about unless the spouse is aware and decides to reopen the case thats what you have to be worred about. if the spouse knows you a recieving a lump sum she could file to reopen it and the court could order you (not the VA) to disclose your income and a judgement can be made aginst you back to para 1 and you must pay your obligation out of your disposable income.

I hope this helps.

kw

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I think that the Veteran should pay his kids whatever he agreed to pay or work out another deal. If its a large amount of money he could or should ask if they would accept a payment of X amount cause he did not divorce his kids.

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I think that the Veteran should pay his kids whatever he agreed to pay or work out another deal. If its a large amount of money he could or should ask if they would accept a payment of X amount cause he did not divorce his kids.

I think the ex-wife, who likely had a liberal judge bend over her ex-husband because of the abject feminism that pervades much of the judiciary, should get her own money--and leave the husband alone.

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This is an age old debate. For the present time it depends on the state. While the federal law dictates that veterans disability comp cannot be garnished by anyone except the federal government(child support & spouce support is a state issue) it is often ignored by many states. The VA will usually allow garinishment for child support but not spouce support. I believe the supreme court ruled it is legal for states to garnish VA comp for child support despite the law.

This is all off the top of my head at the moment, but I have researched it in the past. I am in the same situation and no, my VA benifits have not been garnished. My SS has.

chances are, the state will not be aware of the award untill after backpay has been paid and if it is a state that attemps garnishment of VA comp, they will go after monthly comp. My state was slow to act on my SS award even though I informed them when I got it. They did not garnish the lump sum backpay.

It is allways a good idea for those recieving VA or SS comp to inform their bank that their account contains no garnishable income. Often times, a creditor will illegaly lock an account and retrieve a debt and the bank automaticly allows this unless notified by the account holder. The retrieved money can be returned and the account opened back up but bounced checks and unpaid bills due the the frozen account are a costly nightmare. FYI

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