Find all needed information about V A Disability Child Support Garnishment. Below you can see links where you can find everything you want to know about V A Disability Child Support Garnishment.
https://www.nolo.com/legal-encyclopedia/how-divorce-alimony-child-support-affect-veterans-va-benefits.html
Similarly, claims for each child's right to an apportioned share must be filed before child support garnishment can occur. The family member must apply for apportionment by filing VA Form 21-0788, Information Regarding Apportionment of Beneficiary's Award, before a garnishment for spousal or child support will be considered.Author: Margaret Wadsworth
https://www.lawyers.com/legal-info/labor-employment-law/creditor-claims-on-your-va-benefits.html
Also, your ex-spouse or child must have filed a form asking for an "apportionment" (portion) of your benefits before garnishment will be considered. Service-Connected Disability Compensation. One exception to this rule is VA disability compensation. In general, your disability compensation can't be garnished, even for child support or alimony.
https://info.legalzoom.com/can-va-disability-compensation-used-calculate-child-support-income-24946.html
Can VA Disability Compensation Be Used to Calculate Child Support or Income? ... If the veteran wasn't disabled, he would be earning an income upon which the court would base child support; since disability benefits replace that income, child support can be based upon it. ... Garnishment of VA disability benefits typically depends on the ...
http://thechildsupporthustle.com/garnishing-veteran-benefits-for-child-support/
Jan 30, 2018 · Rose (1981), the Supreme Court held that neither the Veteran’s Benefits provision of Title 38 nor the garnishment provisions of The Child Support Enforcement Act of Title 42 indicate unequivocally that a veteran’s disability benefits are provided solely for the veteran’s support.
https://statesidelegal.org/veterans-benefits-and-child-support-q-and
BUT there is an exception for child support. Child support payments can be garnished (taken directly from your check and sent to the person collecting the child support) from payments made by the U.S. government. "Garnish" means to take money from a payment because of a Withholding Order, such as a child support order.
https://www.ssa.gov/OP_Home/ssact/title04/0459.htm
Child support.— The term “child support”, when used in reference to the legal obligations of an individual to provide such support, means amounts required to be paid under a judgment, decree, or order, whether temporary, final, or subject to modification, issued by a court or an administrative agency of competent jurisdiction, for the ...
https://www.acf.hhs.gov/css/resource/income-withholding-and-veterans-benefits
Section 459 of the Social Security Act, as amended, and the statutes governing benefit payments by the VA provide for withholding of child and spousal support from some federal payments, but child support agencies cannot garnish most benefits paid by the VA. The exception is disability compensation paid in lieu of waived military retired or ...
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