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

[diablogun]

Well, I can see that this was probably not the best thread to start here. I didn't realize how touchy a subject it might be. I should have put "trigger" or something.

I sincerely do not believe the guy is attempting to get out of paying anything. I truly believe his concern is that the children will not see a penny of it. I don't know how it all works (VA disability comp benefit payments...that is) but I do agree with his concern.

I am a woman and agree that some women ought not be allowed custody of their children and should definitely not be getting child support monies that generally are spent to support their addictive behaviors (ie, gambling, drugs, alcohol, trying to keep up with the jone's...whatever it might be) while the kids suffer.

And, for those who have suggested it is about being a MAN...paying child support to the custodial parent knowing they are not going to use it for the benefit of the children has nothing to do with being male or female...but it has every thing to do with being HUMAN.

Well said, but the reality is the man is often discriminated against, so it is completely about being a man--particularly when they get the shaft. I just love a country where a woman can get 8 children implanted in her, and of course it is the taxpayer that will pay the bill, and yet the "single" mother is held up as being some kind of hero.

[MikeR]

Well, I can see that this was probably not the best thread to start here. I didn't realize how touchy a subject it might be. I should have put "trigger" or something.

I sincerely do not believe the guy is attempting to get out of paying anything. I truly believe his concern is that the children will not see a penny of it. I don't know how it all works (VA disability comp benefit payments...that is) but I do agree with his concern.

I am a woman and agree that some women ought not be allowed custody of their children and should definitely not be getting child support monies that generally are spent to support their addictive behaviors (ie, gambling, drugs, alcohol, trying to keep up with the jone's...whatever it might be) while the kids suffer.

And, for those who have suggested it is about being a MAN...paying child support to the custodial parent knowing they are not going to use it for the benefit of the children has nothing to do with being male or female...but it has every thing to do with being HUMAN.

As a payer of Child Support I understand both sides of the issue. The point is that the children are grown, but back child support is monies owed for support withheld due to disability, etc. The woman whom is owed the child support is owed that money back. It already was spent on the kids, and the argument that it won't go to the kids now rings hollow. It is like me telling my brother to make my car payment 10 years ago, and he does. Now neither of us own the car, and he would like to be payed back for doing it himself. Now that I have the money I don't want to pay it back. It's really not much more complicated than that.

[timetowinarace]

I also agree with the payment of child support and back support. I have allways done so when able.

I do not agree with the 'one size fits all' attitude some exibhit towards this subject. That a person has circumstance that make him/her unable or unwilling to be placed in a single catagory does not necissarily mean they are irresponsible. Some are irresponsible and should be dealt with accordingly and individually. It is wrong to assume that anyone with child support concerns be automaticly deemed a 'deadbeat' or any other such stereotype. That a father would want to treated fairly and equally to his ex-spouce should not be considered as making this country go "to hell in a handbasket" or shirking their responsibility.

Though it is often heated, I see this as a veterans issue because of the laws involved and the trend of taking a disabled persons meager money to give to an ablebodied EX. This is wrong on many levels.

[purple]

I think that if child support is owed it should be paid....no matter what, no matter who owes it.

I've been on both sides of the child support issue. I've had to pay it...and now I receive it so I have a rather unique perspective in that I understand where everyone is coming from. Let's remember that the money is used for the benefit of the children. It's not to be given to the children...rather to be used for them. I don't give my 17-yr old his child support money....uh no. It's used to pay his school tuition.

At one time my ex owed me back support (over 2K)...and it was taken from his tax returns....he was pissed! But oh well...he owed it & it was paid. He currently pays only $200/month per child and he feels that is too much.

[MikeR]

I also agree with the payment of child support and back support. I have allways done so when able.

I do not agree with the 'one size fits all' attitude some exibhit towards this subject. That a person has circumstance that make him/her unable or unwilling to be placed in a single catagory does not necissarily mean they are irresponsible. Some are irresponsible and should be dealt with accordingly and individually. It is wrong to assume that anyone with child support concerns be automaticly deemed a 'deadbeat' or any other such stereotype. That a father would want to treated fairly and equally to his ex-spouce should not be considered as making this country go "to hell in a handbasket" or shirking their responsibility.

Though it is often heated, I see this as a veterans issue because of the laws involved and the trend of taking a disabled persons meager money to give to an ablebodied EX. This is wrong on many levels.

I don't disagree with you on this that the one size fits all solution does not work. If the amount that they can pay is $50.00 than that is the amount that should be payed.

[yoggie2]

I am in the process of receiving back pay and I am in both boats here one at home and the other grown the money is split from the day the other turned 18. They called my son for his information so that they may direct deposit the back monies directly to him because he is over 18...the other is under 18 so this back pay will go to the mother......this is how its worked out for me anyway