Back Due Child Support/garnishment ?

[luvHIM]

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.

Edited March 8, 2009 by luvHIM

[SFCTRUCKDRIVER]

LarryJ,

funny thing is everyday I see so much wisdom in your posts LOL....

My Uncle and Grandfather gave me that speach, they even kicked me out of the house and made me join the Army 21 years ago because I was becoming a hoodlum, now here I sit LOL.... funny how a father who isnt even your father can make a difference

(my dad was KIA vietnam)

[boblandstar]

The law

USC, Title 38, 5301(a)(1), Payments of benefits due or to become due under any law administered by the Secretary shall not be assignable except to the extent specifically authorized by law, and such payments made to, or on account of, a beneficiary shall be exempt from taxation, shall be exempt from the claim of creditors, and shall not be liable to attachment, levy, or seizure by or under any legal or equitable process whatever, either before or after receipt by the beneficiary...

It is this federal law that is being violated by state divorce courts on a routine basis, and disabled veterans are being unjustly stripped of their earned disability compensation by state judges every day. It is very obvious by the strong and absolute wording in 5301, that Congress intended to protect veteran's benefits and compensation from third party awards "under any legal or equitable process whatever…" And it is also very clear that this federal protection exists even "after receipt by the beneficiary". Yet, veteran's disability compensation continues to be misused as a divisible asset in divorce courts nationwide.

Veterans disability compensation is meant to financially assist a person disabled in the line of duty live a whole and productive life. Disability compensation is not an asset, or property. This compensation is awarded to veterans that have lost some ability to work, or maintain a daily routine. Veteran's disability compensation is tax exempt, and uniquely awarded to a single individual based on their particular disabilities.

There is never time to do it right but,there is always time to do it over.

[MikeR]

boy aint that the truth, I even tried to get custody of my child because of an unfit mother and the state still would not give me my daughter. Her mother has had 2 DUI's, 4 ER visits found her passed out in the parking lot of the club drunk, her last DUI was 5 months ago and a week before that she was so drunk she called 911 for a ride home cause she was so drunk and they showed up and gie her a ride alright they baker acted her and took her hide end right off to jail. I have never had any trouble with the law and love my daughter very much but even after all that and we get to court and thousands of $$ they find her to be the perfect mom..So I gave up..but to this day I still feel my support went to enable her mothers good times while I was working my ass off just to make this $600 a month...and I hate it

Well, I care about my daughter's well being. I have to pay about $900.00 per month to a woman whom makes more than twice what I make in the 6 figure range. I have dealt with the put downs, and the contempt, and messed up Holiday's all with a smile (even with the divorce being her idea). My daughter recently asked her mother why she was so mean to Daddy, for which she told my daughter that she did not know what she meant. Apparently our children tend to have minds of their own, and will judge us by our actions. If this guy was smart he would figure out how much he owed in back support and pay it. I would rather pay an unjust amount and hold my head up, than owe a piddly amount and have to hide. This guy should manup. It cost that woman money to raise her kids without his help, he should pay her back something.

[diablogun]

The law

USC, Title 38, 5301(a)(1), Payments of benefits due or to become due under any law administered by the Secretary shall not be assignable except to the extent specifically authorized by law, and such payments made to, or on account of, a beneficiary shall be exempt from taxation, shall be exempt from the claim of creditors, and shall not be liable to attachment, levy, or seizure by or under any legal or equitable process whatever, either before or after receipt by the beneficiary...

It is this federal law that is being violated by state divorce courts on a routine basis, and disabled veterans are being unjustly stripped of their earned disability compensation by state judges every day. It is very obvious by the strong and absolute wording in 5301, that Congress intended to protect veteran's benefits and compensation from third party awards "under any legal or equitable process whatever…" And it is also very clear that this federal protection exists even "after receipt by the beneficiary". Yet, veteran's disability compensation continues to be misused as a divisible asset in divorce courts nationwide.

Veterans disability compensation is meant to financially assist a person disabled in the line of duty live a whole and productive life. Disability compensation is not an asset, or property. This compensation is awarded to veterans that have lost some ability to work, or maintain a daily routine. Veteran's disability compensation is tax exempt, and uniquely awarded to a single individual based on their particular disabilities.

There is never time to do it right but,there is always time to do it over.

Amen!

[diablogun]

Well, I care about my daughter's well being. I have to pay about $900.00 per month to a woman whom makes more than twice what I make in the 6 figure range. I have dealt with the put downs, and the contempt, and messed up Holiday's all with a smile (even with the divorce being her idea). My daughter recently asked her mother why she was so mean to Daddy, for which she told my daughter that she did not know what she meant. Apparently our children tend to have minds of their own, and will judge us by our actions. If this guy was smart he would figure out how much he owed in back support and pay it. I would rather pay an unjust amount and hold my head up, than owe a piddly amount and have to hide. This guy should manup. It cost that woman money to raise her kids without his help, he should pay her back something.

Wrong! He should tell her to take a flying leap, amongst other colorful things.

By the way, god bless you for being a good father while that woman has mistreated you.

[MikeR]

No, it is the liberal mindset that constantly makes it a given that the bold single mother is being shortchanged by the dad, and oh by the way, the mother should naturally be given custody over the wishes of the father. This country is indeed going to hell by embracing the false theology of liberalism, statism, and any other ism that involves class warfare and trying to pit the sexes against one another--and of course the daddy will pay until it hurts.

By the way, I am glad to hear that you are a good father, that means a lot in my opinion.

I agree with you on the bias against Fathers, my daughter has behavioral issues and is much better behaved for a few days after our weekend and knows full well the rules at Daddy's house. The demonization of Father's is a very outdated mindset. Many Fathers are very good caregivers, and actually click better with thier children. I have actually had a Lady judge question the fairness of the agreement. I am so badgered that I would rather pay her the money than be harrassed constantly. My Ex seriously would not care if I lived under a bridge, and the only way I am making it is my frugal ways. I have a girlfriend whom is a liberal feminist Doctor, and she can't believe my situation either. I think the situation will be corrected once more Mom's are paying child support, but men typically don't get parental rights in our current political climate. I met the gal whom is 37 whose father was the first to get custody in the 1970's in the State of Ohio. This was only because her mother was a Drug addict whom abandoned her children. She firmly believes that Mothers are not always the best parent to get custody based on her life experience.