separated spouse seeks garnishment for child

[smitty100]

i have a question i am 100 % service connected disabled perm and total my wife left me and took one of my 2 children she has now filed to get a garnishment from the VA on my disability comp is this possible since no divorce is filed and if so how much will she get

[brokensoldier244th]

Not a direct garnishment, but the judge can take into consideration the amount that you receive when figuring support. 

[seminoles]

1 hour ago, smitty100 said:

i have a question i am 100 % service connected disabled perm and total my wife left me and took one of my 2 children she has now filed to get a garnishment from the VA on my disability comp is this possible since no divorce is filed and if so how much will she get

If you have one child and  she has the other, why aren't you filing for support for the child you have?  You need to get an attorney!!

[seminoles]

I no longer have children under the age of 18 from my divorce but when I did I chose to disclose/include my va  money in the child support calculations, but that was MY choice.  I don't think I would have been required to by law.  I did have an attorney, and I told him that I wanted that to be used.  I always say getting an attorney sooner rather than later is a good idea, and if you have one child and she has the other.........you need to get support, visitation, etc. all set up.  She must have income I am assuming as well or she wouldn't have just left.......that comes into play.  Seek legal advice, protect yourself and your children.

 

[smitty100]

seminoles no she gets 203 a month from my social security and the child gets 203 a month from my social security disability

the spouse doesn't work she left me for a stranger on the internet and i have been sending her 200 extra each month because i want to take care of my children this is just another way for the mother to cause me problems i also send an extra 250 last month for school clothes no one asked i just sent it there is no court order for me to pay anything but when i saw today that she had filed for dependency from va on my e benefits it was a surprise and i was wondering how much that usually is i am 100 % sc any ideas oh and by the way i have all my receipts where i have sent money each month

[jbasser]

When you won the clain you should have added your kids to your VA comp. The VA pays extra for Kids and it is charted. You are the beneficiary of that money and it should go for the Kids well being.

 

[Buck52]

I agree with jbasser!