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

[sharon]

As I read it there was not mention of retired pay and since this is an ex spouse with no dependent children, there is no apportionment.

[rentalguy1]

It can be taken by any court, federal, state, or local. It CANNOT be taken by any creditor, to include Fannie, Freddie, student loans, or the IRS.

Depending on how hard the ex-spouse wants to push it, the court will most likely take the amount in arrears.

diablo: pull your head out of your ass and get a clue. This dude made a child with a woman. The money that he owes was to raise his child. A MAN understands and accepts this. Alimony is a different story, but child support is a legit deal. It's just sad that too many males aren't men enough to stand up to their parental obligations without a court getting involved.

[luvHIM]

As I read it there was not mention of retired pay and since this is an ex spouse with no dependent children, there is no apportionment.

Yes, sharon, you read correctly. The children are grown. My friend is in her early 50's and her husband is almost 60 years old. The children are grown. So, if the comp was garnished, it would go to the ex. I don't even know if the children would actually see any of it.

Anyway, I was just asking a question on here on my friend's behalf because they do not have a computer. I had suggested this website to them and she indicated they would have to go to the library.

I noticed some of the responses were directed to me. I am just a go between. In my case, I am female and have my children. So, it would be mr. biological paying me, which is a different thread entirely.

At any rate, I do appreciate the responses because I never thought SSD could be garnished until I read it on the SSA website; and in my doing a search here on hadit for an answer to this particular question. That's wild. So, I just wanted to assist with an answer that wasn't based on my assumption. Thanks again to all who responded.

Rentalguy, I did not see your post until after I had already posted this. But I am under the impression the ex-wife doesn't know anything about his disability. He didn't retire from the military. I think in order for her to know, he would have to tell her. But...hey, I am just guessing about that. Don't really know. Anyway, I think I have the info needed to give to them. In fact, I'm just going to print this thread out.

Edited March 9, 2009 by luvHIM

[yoggie2]

Yes, sharon, you read correctly. The children are grown. My friend is in her early 50's and her husband is almost 60 years old. The children are grown. So, if the comp was garnished, it would go to the ex. I don't even know if the children would actually see any of it.

Anyway, I was just asking a question on here on my friend's behalf because they do not have a computer. I had suggested this website to them and she indicated they would have to go to the library.

I noticed some of the responses were directed to me. I am just a go between. In my case, I am female and have my children. So, it would be mr. biological paying me, which is a different thread entirely.

At any rate, I do appreciate the responses because I never thought SSD could be garnished until I read it on the SSA website; and in my doing a search here on hadit for an answer to this particular question. That's wild. So, I just wanted to assist with an answer that wasn't based on my assumption. Thanks again to all who responded.

Rentalguy, I did not see your post until after I had already posted this. But I am under the impression the ex-wife doesn't know anything about his disability. He didn't retire from the military. I think in order for her to know, he would have to tell her. But...hey, I am just guessing about that. Don't really know. Anyway, I think I have the info needed to give to them. In fact, I'm just going to print this thread out.

No this is not true if it is garnished it will go to the children, I my self am going through this very same thing right now.. They will contact the children as they have done with my son and send any back pay to the child or adult. Yog

[diablogun]

It can be taken by any court, federal, state, or local. It CANNOT be taken by any creditor, to include Fannie, Freddie, student loans, or the IRS.

Depending on how hard the ex-spouse wants to push it, the court will most likely take the amount in arrears.

diablo: pull your head out of your ass and get a clue. This dude made a child with a woman. The money that he owes was to raise his child. A MAN understands and accepts this. Alimony is a different story, but child support is a legit deal. It's just sad that too many males aren't men enough to stand up to their parental obligations without a court getting involved.

Rental,

I am unsure about pulling my head out, as you so eloquently state, but you are certainly invited to kiss that to which you just referred :-)

I have seen many men, especially in leftist states, get completely creamed in the area of child support by having to pay exorbitant child support to women who use the money for less than altruistic purposes. If that is a problem and you can't wrap your double-digit IQ around the concept of free speech, then I suppose you will just have to get over it :-)

[yoggie2]

The state of FL tried to take my VA comp check and had to let the hold go because the could not hold it by fed/laws but buddy they tried like heck to take it. Now if you getting SSD back pay same does not apply (only the back-pay) they will give it to the child or parent if child is under 18 but if the child is now an adult they will contact the child and set up to give them the accrued back payments...but this is only out of the back-pay ONLY not the monthly benefits them selves. Now if your back-pay is for SSI it can not be touched at all period..This is what I have experienced as of lately..