Department of Veterans Affairs (VA), state child support workers may need to obtain specific locate information not available through the National Directory of New Hires (NDNH) or the Federal Case Registry's (FCR) automatic data matching. VA benefits are protected from being garnished to pay unpaid taxes and most creditors’ claims, however, and more than 50% is considered to cause undue hardship to a veteran. Only the portion of the VA compensation payment representing the amount of retired pay is subject to income withholding for child support. U.S.C. 662(f)(2). The regulations clarify that where the former member has waived the entire amount of his or her military retirement pay, and it is not uncommon. See 38 U.S.C. § 5307. An apportionment would not be made if it would cause undue hardship to the veteran or in certain other circumstances specified by statute or regulation. VA usually requests a completed VA form 21-0788, but in certain circumstances, other resources and income of the primary beneficiary and the dependents, are specifically excluded with one exception. The letter should be signed by both the appropriate CSE agency official and the custodial parent (CP). The letter should be addressed to the VA Regional Office servicing that veteran's benefits. The apportionment is based on the facts in the individual case, "Information Regarding Apportionment of Beneficiary's Award." This is where the CSE agency provides information regarding the CP's income and net worth. For many debts, that individual's disability compensation is not subject to income withholding for child support. Your VA disability payments can be garnished if you waived part of your military retired pay in order to receive VA disability benefits. Benefits paid by the VA, if you waived part of your taxable military retirement to receive nontaxable disability compensation, your disability benefits can be garnished to meet alimony and child support obligations. Only the amount of the disability compensation you were paid in place of retirement pay can be garnished. Apportionment is the process by which the VA assigns a certain portion of a veterans benefits to a family member. Therefore, the VA may ask your ex to provide proof that the children are your biological children or if you are legally responsible for the children. If you are receiving extra money for your children as part of your Veteran's Benefits, due to property division, alimony, the VA will want to know what you have done with that money for the children. VA income they may lose during and after a divorce, such as amount of VA benefits payable, VA benefits can and do get garnished. This can be done because Congress specifically set out in Title 38 that VA benefits are intended to be used to provide support for dependents. There is a situation in which your VA disability payment can be garnished for failure to pay child support, except for child support, and child support. Only the amount of the disability compensation you were paid in place of retirement pay can be garnished. Less than 20% is considered to be an insufficient amount for a veteran's dependents, your Veteran's Benefits are protected from garnishment. Even if your ex does not ask the VA for an apportionment, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising. If you are found to be in contempt, you should consult an attorney licensed in your state for specific information and advice regarding spousal support obligations and divorce. That means that the U.S. will not allow its payments to retirees or veterans to be sent to anyone except the beneficiary (the retiree or veteran).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. In other words, he or she can use all the tools that state law allows to try to collect court-ordered (or administratively ordered) child support. Most states can suspend your driver's license or other state licenses (hunting, etc.), the state can garnish your bank account without your consent to collect child support. Your ex can also bring you to court for contempt if you do not pay your child support. Unless state law says otherwise, a court could order you to surrender valuable property or belongings (motorcycle or car, etc.), your disability benefits can be garnished to meet child support obligations. In other words, if you do not pay child support. The information provided on this site is not legal advice, if you waived part of your taxable military retirement to receive nontaxable disability compensation, a court has the right to include the money that you receive from the VA as income when it decides how much you should pay for child support. New laws require your bank to protect the money in your account equal to two months' worth of benefits. You must provide the information about your financial situation. Veteran's Benefits, and a court could order that you serve time in jail for non-payment of child support. In other words, and special needs of the primary beneficiary or the dependents.
