Kenya N. Rahmaan
Veterans of the United States Armed Forces are people that should be celebrated and supported in an effort to show appreciation for their time-in-service. Unfortunately, that is not the reality for our soldiers as they return home and must often fight many non-combat battles. Homelessness, mental health issues and unemployment often plague veterans as they transition from military to civilian life. Along with these difficulties of adjustments are debt-related issues such as spousal and child support obligations. Based on federal law, veteran’s benefits should not be garnished, but, regrettably, this law is not always honored in veteran child support cases.
According to the American Bar Associate or ABA (2011), under U.S.C. §5301 (a) (1), benefits paid by the Department of Veterans Affairs (VA) are not subject to levy, seizure, or attachment. Since child support money is deducted through an order of garnishment, VA benefits should be excluded from such collections. This is not always the outcome when decisions concerning child and spousal support are being argued in favor of the custodial parent. We, as Americans, see again that certain rules and laws apply to certain individuals and in certain situations. These rules and laws seem to be used more when they are used to shelter those that need little protection and attack the most vulnerable. Laws should always protect veteran benefits and should not be used as a convenience to those that the government deem worthy of protection.
One key reason that allows the government’s ability to garnish veteran’s benefits is that ‘family’ support and ‘child’ support have been decided to mean exactly the same thing as far as deductions are concerned. Even though a veteran’s disability benefits are compensation for the veteran, certain courts have forced the vet to satisfy debts accrued due to family obligations. A veteran can be held in contempt of court and jailed if he/she fails to pay support even if their disability is proven to be their only form of income. This is because the disability compensation somehow belongs to other people besides the person that sacrificed life for country. According to the ABA (2011), in the case of Rose v. 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.
This ruling and others that are similar, cross a very thin line as to who is entitled to a veterans’ benefits after that individual has been harmed during duty. Disability compensation, as defined by the U.S. Department of Veterans Affairs, is a tax-free monetary benefit paid to veterans with disabilities that are a result of disease or injury incurred or aggravated during active military service. That should mean that disability money is paid for the sole purpose of caring for the needs of the veteran. If there is a need, other money should be set aside to care for children similar to the system practiced by the Social Security Administration. Based on the legal definition, there is no mention of the veteran being required to share the compensation payment nor is there a mention of who may be entitled to receive money from the disability payment. The seizing of money paid to compensate a person for pain and suffering should not be available for garnishment or offset in order to satisfy a debt.
Another underhanded manner in which the federal government is able to garnish allegedly exempt veteran compensation is by invoking a clause listed in Section §3.750-1, the Retired Military section of the Code of Federal Regulations (C.F.R.). Military retired pay is payment received by a veteran that is classified as retired by the Service Department. There are many areas included under this umbrella of employers, including the Armed Forces and the National Oceanic and Atmospheric Administration, but the same rules apply when garnishments or deductions are attached to payments. The retirement money and disability compensation can be received concurrently and in full in certain situations.
According to Cornell University (2009), a veteran who is entitled to military retired pay and disability compensation for a service-connected disability rated 50% or more, or has a combination of service-connected disabilities, is entitled to receive both payments. This entitlement is subject to phase-in periods. The phase-in period is a 10-year period in which military retirement pay was increased 10% each year until the recipient began receiving full military retirement pay (Ryan Guina, 2014). A veteran may be awarded both forms of payment after 20 years of service and in compliance with Chapter 61 of Title 10 of the U.S. Code. In all other situations, veterans receiving both retirement pay and disability compensation must file a waiver to receive full benefits. This waiver is required, as explained by the Department of Veterans Affairs (2009), if the veteran’s disability retired pay exceeds the amount of retired pay that the veteran would have received based on length of service. The money that is waived is subject to garnishment.
While it is somewhat true that the money is, and should be, considered disability compensation, the money in question has raised serious doubts as to its real exemption status. On one hand, the money should be considered disability as it pertains to providing income to a soldier who was injured during his or her service. This money should not be considered retirement money. Under this premise, these benefits are specifically exempt by federal law of child support withholdings, (Bureau of Fiscal Services, 2005). The federal government has even found a way to ignore this law and garnish these protected benefits. There have been several cases over the years that contradict the federal law and have granted garnishment orders against a veteran’s supposed protected income. According to the ABA (2011), child support may be awarded based on disability payments to either parent being considered as income. There are no mentions of retirement waivers or phase-in periods. Even though the federal law prohibits veteran disability money from being touched, veterans are still having their money withheld.
One reason that has been provided by the court system is that federal law does not prohibit treating child support obligor’s veteran administration disability benefits as income under support guidelines, (ABA, 2011). Again, the federal statute clearly states that child support withholdings cannot be deducted from these specific benefits. The statutory exemption, 38 U.S.C. § 5301(a), was not considered when the Supreme Court held that a father was forced to be forced to pay child support from his disability compensation. The justification provided by the US Supreme Court was that the benefits were intended to support not only the veteran but the veteran’s family as well, (ABA, 2011). It seems as if the rules and laws are meant to be followed except when it comes to the state and federal governments and how officials collect money from citizens.
It is quite insulting that one government agency exempts a certain form of income from offsets, while another agency bypasses the statute in order to steal money from our wounded veterans. Many veterans rely on their disability compensation as their only source of income. This does not deter the judges from attaching garnishment orders to that money. Again, in the case of Rose vs. Rose, the law was altered in order to abide by the laws of garnishing disability benefits. The Montana Supreme Court ruled that none of the garnishment provisions of The Child Support Act of Title 42 preempt the authority of state courts to enforce a child support order against a veteran, (ABA, 2011). This directly violated the garnishment rule mandated by 38 U.S.C. Furthermore, the court ruled that the child support can be enforced even where the veteran’s income is composed of VA disability benefits, (ABA, 2011). This money is supposed to provide disabled veterans some financial stability as they battle life after service. It was not meant to be returned to the federal government as free money.
Homeless veterans face a more difficult time when dealing with child support issues. One way these vets receive some type of assistance with child support and other issues is by offering Stand Down Events. These events are hosed by several organizations and a number of resources to the most brave Americans One of the most important of these resources, along with health screening, food and shelter, is the legal counseling provided to homeless vets. Child support issues are covered in these counseling sessions. According to Administration for Children & Families or ACF (2012), about half of the states have more than 10,000 veterans in their child support caseload. The government being permitted to garnish the compensation money could mean the difference between having a home and becoming or remaining homeless.
It has already been established that veterans face an array of barriers in addition to those faced by non-veteran non-custodial parents. In addition to the difficulty of finding employment and earning low-incomes, veterans are older than other parents, they are more likely to have an interstate case and they are more likely to have higher child support arrears, (ACF, 2012). When dealing with arrears, a majority of the money owed is comprised of interest, late fees, penalties, and court fees. If and when the disability money is garnished, as with any payment received for child support, the state will deduct money owed to it before disbursing any money to the families. This is money that could be used to assist the disabled veteran and his or her children.
The states have no right to, first, disobey the federal law and garnish untouchable money and second, retain the money so that no family member benefits from the garnishment. There is very little being done to help our heroes deal the child support obligations when they cannot afford the payments. The three day Stand Down events may help temporarily but there is no information detailing the long-term success or failures of these events. Counties boast about distributing pamphlets to parents or reviewing case files, but there are little remedies available to assist veteran parents dig themselves out of their deep financial graves. Child support obligations not only hurt financially, but it can have a negative impact on one’s mental well-being. Child support debt can also be a psychological barriers to reestablishing family relationships, (ACF, 2012). Couple this with other mental illnesses often suffered by veterans such as post-traumatic stress disorder or depression, the end results are bound to be disastrous.
The government must be held accountable for disobeying its own laws. By taking money paid to compensate injuries suffered under the threat of death in order to satisfy an often exaggerated debt is akin to stealing benefits from 9/11 survivors to cover debt that accrued after they responded to the terrorist attack. These people deserve every medal, every honor, and every dollar earned during their commitment to our country. If more money is needed to support children of veterans, the federal government should provide that money.
The federal government has already declared this money exempt from liens, seizures and attachments so states should not be permitted to loophole itself into the bank accounts of our disable veterans. As this country fights for reform to the child support system, we must consider our brave women and men who have been promised compensation if injured during service to the country. The US must restore that promise, and it must start by enforcing the statutory exemption 38 U.S.C. Until we force a change in child support guidelines, we must force the government to, at least, abide by the laws that are already established. It is time to starting to start treating our veterans, disabled, and otherwise, with the respect that they truly deserve when they return home.
References:
Administration for Children & Families. (2012, November). Child support participation in stand down events | Office of child support enforcement | Administration for children and families. Retrieved from http://www.acf.hhs.gov/programs/css/resource/child-support-participation-in-stand-down-events
American Bar Association. (2011, September). Fact sheet-V.A. payments and family support. Retrieved from http://www.americanbar.org/…/201109_flmc_vapayments.pdf
Bureau of Fiscal Services. (2005, March). Treasury offset program. Retrieved from https://www.fms.treas.gov/…/dmexmpt.pdf
Concurrent receipt rules – Concurrent retirement disability pay (CRDP). (2014, March 4). Retrieved from http://themilitarywallet.com/concurrent-receipt-military-retirement-pay/
Cornell University Law School. (2009, April 5). 38 CFR 3.750 – Entitlement to concurrent receipt of military retired pay and disability compensation. | LII / Legal Information Institute. Retrieved from http://www.law.cornell.edu/cfr/text/38/3.750
U.S. Department of Veterans Affairs. (n.d.). Compensation home. Retrieved from http://www.benefits.va.gov/compensation/
Some times the VA Apportionment decides against veterans without proof to act. The veterans can not defend themselves against this type of misrepresentation. Defenseless because of many proofs to defend without support; of moral wisdom, and resources that are required to defend ones self against the US VA establishment.
So where is the provisions for thr child? No mention. Everyone has an obligation to take care of their children period. Never put the burden on one parent alone.
As a former Army wife and the daughter of a Vietnam/Desert Storm Veteran, I have NOTHING but the utmost respect for our veterans. As a mom, I don’t agree with the tone of this article. My (now) ex-husband and father of our 6 year old daughter,”R”, is SIX MONTHS in arrears with child support. He receives SSDI, VA compensation (70%) and a TDIU stipend that pays the other 30% so that he receives the FULL 100% disability rate. Before our divorce was finalized, he was getting paid for not only our daughter, but me as well. His income totalled over $4000 each month TAX FREE. The child support judge here in NY calculated xH’s income and awarded me $710/mo child support. Please keep in mind, xH lives in Maine with his new gf and they split the bills. So, he’s NOT having any hardships. He assumed that the payment was coming out of his SSDI check, when only a portion (not full monthly CS payment) was being paid. Each month, almost $200 was added to his arrears. At 6 months behind, we returned to court and judge entered a motion to garnish his VA Disability. While, I understand not all vets are getting the amount my xH is, it not fair to the non-vets/custodial parents when their child doesn’t get what is owed. I have never asked for anything more than what was fair to her. But given xH’s smug “You can’t touch me/screw child support/I don’t feel I should have to pay ANYTHING” attitude, I think in some cases, garnishment of disability benefits is not only fair, but necessary.
Hello, thank you for your service. Many don’t acknowledge that spouses serve too. As with a anything, especially families, every situation is different. If the government followed the guidelines cocerning the unconstitutional child support system, maybe it would operate the way that it was intended. And that was to force parents who abandoned their children to provide. The current system punishes everyone the same and that’s a violation of equal protections and civil rights. Thank you for your comment and best wishes.
My three children with my ex husband who is a Veteran are not recieving anything from the VA. The VA said basically I have to prove that our children are worthy of Child Support regardless of a court-ordered garnishment[ apportionment to be approve]. However, if providing for these children causes the Veteran a hardship the VA will denine the apporishment claims.
Certainly, no one should be homeless. In my opinion, it is not up to taxes payors to help me provide for our children. I recently spoke with the White House hotline their representative informed me to contact social services.[it is a complete misleading of information]..
My entire thought process is this the Veteran affairs are protecting these dead beat fathers. Anyone who comments against this statement needs to ask their self this “A real man or women regardless of stratification would care about the welbeing of their children period.” This matter really should not be up to the Veteran Affairs,as to decide what Veteran children are worthy of support. This entire support sitution should be up to the Veteran to support his/her child or children.
My ex husband has to be made to take care of his children,he has never ever just taken care of his children. It is a shame these children are not taken care of because of all the politics.
VETERAN AFFAIRS SHAME ON YOU FOR NOT HONORING COURT ORDER THAT ARE PUT IN PLACE TO MAINTAIN THE WELLBEING OF INNOCENT CHILDREN. THERE ARE RESPONSIBLE PARENTS IN THE WORLD THAT CARE. BUT YOU NEED TO TAKE INCONSIDERATION THAT REGARDLESS OF WHAT THEIR ARE DEADBEATS EVERYWHERE. MY CHILDREN BEST INTEREST SHOULD BE TAKEN INTO ACCOUNT. SHAME ON YOU THESE CHILDREN THAT HAVE TO BEG FOR An APPORTIONMENT TO BE APPROVED, ARE THE SAME CHILDREN THAT GROW UP WHO FIGHT FOR THIS COUNTRY.
THANK YOU TO THE MEN AND WOMEN WHO WITHOUT DOUBT SUPPORT THESE CHILDREN.
If he is disabled and can’t work, how do you expect him to pay? You are asking the VA to violate the federal law. Social services may be able to assist where the VA has denied child support be included in his disability compensation. It’s the law.
Are you serious, ” A Veteran is provided a tax free income to take care of him /her self and to maintain a possible family member”. What does working have to do with anything that I had to say in my comment.
Maybe you represent deadbeat father’s/ mother’s ,hey that is your right; however, these children have a right to have their needs taken care of.
Also, if a veteran is making money off of the dependents that he/she is responsible why isn’t he/she responsible for paying for his/her children. Why is he or she allowed to keep what is given to him/her because of dependents?
If your apportionment application was denied, then you either don’t actually have the need (based on your income and expenses) or he doesn’t have enough money to live off of (hence the hardship clause).
It sounds like in your case, it’s the hardship defense. So you can be as angry and bitter as you want, but even general federal and state regulations will protect people based upon hardship from all kinds of debt.
And you’re seriously uneducated about how VA Disability Payments are calculated. The bulk of the money is specifically for his disability. There is only a small add on for any dependents (max is $84.69 at 100% disability rating for 2019). So if your apportionment application was denied for his disability amount, put in one asking only for the dependent benefit amount.
If your going to leave a comment,you absolutely need to come correct. I am very aware of all the policies that the VA has in place to PROTECT Veteran from having to upkeep the well being of there children. I never ever made the statement that I was denied any parts of an apporishment. You may want to also polish up on the laws SSDI makes sure the children of an disabled individual are receiving a portion. It may not be much but something is definitely better than nothing.
I bet no one on this site [baby haters] understand that ;honestly, it is not up to the VA to pay an individual’s child support it is up to the non custodial parent to make sure that the payment is made towards child support. However, if the individual decides not to take care of their children.Guess what then happens the VA doesn’t protect you or even pay you your money when you are in jail[maybe 40 dollars] for not providing adequate payments. So ask your self this which is more of a hardship? Having to take care of your children you help created or sitting in jail with a debit and absolutely no imcome coming from the VA. I bet loving and caring for your children is a better chioce like I said something’s better than nothing. Oh this whole website here is just to make others that don’t take care of their children feel better about themselves so guess what I think this website is BS it definitely takes away from the good men and women that fought for this COUNTRY as well as fight to take care of their children. The lies it tells. At the end of the day I know that I wont be judge for not trying to take care of my family that I help to create.
I am in a similar situation right now. My ex who is a retired vet doesn’t pay his child support. He is 35, who retired from the Army 15 years ago after serving his 4 years. He received full disability from his VA benefits and is even allowed to work. He stopped working when he garnished his wages. He closed his bank account when they tried garnishing from there. He lives with his gf and puts everything in her name to avoid paper trails. They take trips, go to fancy hotels, cruises, etc. Buy cars, property, etc.
He makes 3x more a month from the VA than I make and I have a state job. I pay health insurance for our child and have taken care of her on my own since he left when I was 5 month pregnant.
I applied for apportionment and was denied because my ex claimed he was a struggling homeless vet which is a complete fabrication.
How can you say benefits shouldn’t be garnished when he is clearly living life while I am struggling to raise a life he left behind?
‘I’ don’t say this. It’s the law.
My ex-wife and I have gone round and round on these topics. Every time it comes to taking my VA disability or wanting it added to the child support income findings it gets to be very heated. I understand we had a child together, I understand that I have a responsibility to care for this child. My wife had fought hard to obtain custody for our son. Now if you fight and take primary custody over the child you are implying that you a fit and able to provide for this child on your own. If not by all means I am gladly to take that responsibility. When I have a job and offered insurance by all mean take child support and insurance out. When it comes time to take out or calculate in disability that should be unlawful. Well you may say that he claimed his wife, child and other dependents on there. Well if that is the case then when you divorce you have to be taken off because he is not supporting you any more. So, when my wife and I endlessly got to our child support hearing I give up the amount I get for my dependent child and that is $48. I tell them that she can have the full $48 if she wants. Yes, the veteran gets extra for dependents but its at the rate most think or expect. I also believe that if my support makes the difference if you can support or take care of the child then you should be deemed unfit. If you can support the child without my portion then you should be allowed support. It takes two people and both are responsible to the full expense, but not done to the extent to disrupt either life. I know that there are many different views and the views that get pushed to the side are the ones paying or supposed to be paying the child support. If you have custody of child and work and provide you should step aside and put money away that you cant use of such obligated amount and see how much it affects your life. Your child is important but for the amount that I pay or most parents have to pay is well over the amount needed to raise that child. I could raise the child under a smaller budget living in my house then I am for paying, all my other kids are surviving under my care.
I am not sure who wrote this article but shame on you. I am in a similar situation as the others above. My ex refuses to work (therefore does not pay any child support) and lives on his VA benefits. Meanwhile I work 2 and sometimes 3 jobs to support the child we brought into the world together. No man, veteran or not, should be allowed to help support their children financially.
My name is Kenya N. Rahmaan and I wrote this article. It is the law that veteran compensation benefits are not to be garnished for child support benefits. I just reported the regulations so it’s shame on the government.
To the person that wrote this article, could you please contact me directly as I have a few questions regards to this article?
How can I assist you?
Amen
Rose v. Rose, 481 U.S. 619, 625, 107 S. Ct. 2029, 95 L. Ed.2d 599 (1987) What you omitted was the actual case law. VA disability benefits can and are given to make up income and to support “family.” If this were not so, disabled veterans would not be paid benefits according to “spouse/dependents:
The US Supreme Court wrote in it’s decision of RoseV Rose that “Veterans’ disability benefits compensate for impaired earning capacity, H.R. Rep. No. 96-1155, p.4 (1980), and are intended to “provide reasonable and adequate compensation for disabled veterans and their families.” S. Rep. No. 98-604, p.24 (1984) (emphasis added). Additional compensation for dependents of disabled veterans is available under 38 U.S.C. § 315, and in this case totaled $90 per month for appellant’s two children. But the paucity of the benefits available under § 315 [now 38 U.S.C. § 1115] belies any contention that Congress intended these amounts alone to provide for the support of the children of disabled veterans. Moreover, as evidenced by § 3107(a)(2) [now 38 U.S.C. § 5307] . . . Congress clearly intended veterans’ disability benefits to be used, in part, for the support of veterans’ dependents.” Always do your research.
Not all compensation includes money for dependants, and therefore do not meet the standard described in Rose v. Rose. I didn’t omit the case. It was not relevant to this article as I am discussing disabled veterans who receive compensation for themselves and not their children. I do my research for every piece that I write and publish.
Were you not just up in Washington DC speaking to Congress. You right it is the law to take care of your children REGARDLESS if you are a civilian or a veteran. But you right again it is not up to Veteran Affairs to handle things that a military disabled parent should be doing.
What about when the veteran refuses to work and lives off of his disability, knows this law, and is $70,000 (that’s not a typo) behind in child support. What do you do then since apparently the veteran who should always be protected has failed to protect his own children but has decided to pretend they don’t exist?
We do not write the guideline. We are here to educate the public on the policies.
I would like to respond to this article. I have read literally hundreds of these. I have been on both sides of the fence, as the wife with children not receiving, and as a wife of a disabled soldier who owed child support that was set and backdated. I have assisted hundreds of veterans in obtaining their 100%. I have worked my behind off and made my way without the support of my ex husband, former military. And my comment is this, our veterans put their lives on the line for us. They gave up ALL of their rights to do horrible things so our children and we could have the right to complain, go to church, go to school, shop, make our own way. There are PLENTY of services out there to help ALL of us. My ex paid what he could, what the govt allowed and I paid more. So what? That is ok…he GAVE up more than I EVER did! Does ANYONE ever think about that or have we become SO selfish it is ALL about us and the kids? I have NEVER seen anyone spend the money on the kids! And if they do, great. Make the money yourself. There are tons of ways!!! That veteran needs to heal from horrible things you and I cannot EVER imagine! I have lived it with one. I have been through an F4 tornado and looked inside of it. Money is NOT everything! Try losing everything! They earned every drop of what they get from the government, from the VA and more.The constant badgering from families over money has to stop. Kids need their mothers and fathers in a good responsible way. Focus on the family. When there is a workplace injury and healing needs to occur, let the person get appropriate treatment. Let the money pay for it. It is very expensive and and it takes many years. I know, but healing can happen, if it is not aggravated. And families who do not get it, make it worse. Few attorneys get it either. Disability awards are not attachable. Leave it alone. It is NOT pension! Learn the law. Learn the system. Learn the military. I also worked in the military as a civilian for over 33 years. They deserve our respect for once. I earned it. They have earned it – whether 1 year in combat or 15 years! Combat is nasty business and if you haven’t looked into the eyes of a mortar at 2 feet or an RPG or a buddy with no head or legs, get over it. That is my comment. I realize people and wives/husbands won’t like this, but it is truth – my truth.
Great points!
Of course it’s great points it’s on your article. I’m an ex military spouse as well, I believe we all are which is why we feel so adamantly about this. I personally had two pre-deployment babies, gave birth by myself, every time my ex came home a little bit of his soul stayed overseas. When we were together I was understanding and dealt with it. He WAS a good father when we were married, then he was injured in Afghanistan and it all changed. I woke up to him choking me, he almost shot our dog in front of our son, and then the drinking and cheating started. I have not received support from him nor his family, emotionally or financially since 2016. I have worked as much overtime when my job allows it, I even picked up a second job to give my kids the things THEY deserve.
The SHEER fact that some people seem to be missing is this, from the moment that ring went on our finger we stopped being a person, the world stopped caring about us and our family, they only cared about “the soldier”. We cared for the soldier as well so who really cared for us and our children who are our world’s our everything? Now we’re out of the militarys grasp and we’re trying to matter and getting shit on again. That’s why we feel so passionately about this subject.
And to ask the mother who is now the only parent these children have since their father has written them off to work more hours or get another job is beyond my recollection that anyone would do that even if they were for the soldier…it’s appalling that someone would want to have a child grow up without both parents in that case.
This article “just reporting the facts/law” bunch of bull. If the military wanted their soldiers to have a family they would have issued them one… and would be making them responsible too and having deadbeat dad’s own up to their responsibility like a decent human being should…or did the military not teach them that?
Also, this is incorrect, I know people that are disabled and have child support apportionment taken out of their disability…100%
Legally, child support is not supposed to be garnished from disability compensation.
Absolutely, you are right 110 percent right the law according to many websites states that only child support and alimony can be garnished from VA disability compensation.
My issues is this WHY does the VA make the custodial parent actually BEG for an apporishment when all information have been provided [ court order, Soldier waive retirement to receive full benefits through VA, statement of arrears]. It is sicking
Once the soldiers show that they are not going to support their children this fact alone should be enough proof for any Agencies to step in and garnish wages.
It is a shame that people have to be made to take care of their children but honestly, this is the reality.
VETERAN AFFAIRS SHOULD BE ABSOLUTELY A SHAMED THEY HAVE EVEN MADE IT IN A WAY THAT ANY WAGE WITHHOLDING ORDER FROM ANY STATE OF CHILD SUPPORT AGENCIES WILL BE REJECTED AND RETURN.
SO THIS WEBSITE IS BS IN MY OPINION, ITS NOT THE MILITARY MEMBER GETTING SCREWED ITS A INNOCENT CHILD OR CHILDREN AND THE PARENT THAT HAS TO BUST THEIR ASS TO COMPENSATE FOR THE HALF ASS PARENTING.
THANK YOU HEATHER FOR LOVING YOUR CHILDREN!
KEEP UP THE GOOD WORK YOU WILL BE BLESSED WITH AWESOME AMAZING ADULT CHILDREN ONE DAY!
Can VA disability be used to calculate child support? I’ll be retiring 31 January 2020. Thanks
Yes, it can.
Where does it state that? What law? A couple of co workers who are retired and had lawyers said it cannot be included and it wasn’t. Only if that was your only income it can be used.
It’s not supposed to be included if it is disability compensation. But, there are many veterans who have their disability garnished for child support payments. It has been an ongoing battle for years.
(a) The Secretary shall decide all questions of law and fact necessary to a decision by the Secretary under a law that affects the provision of benefits by the Secretary to veterans or the dependents or survivors of veterans. Subject to subsection (b), the decision of the Secretary as to any such question shall be final and conclusive and may not be reviewed by any other official or by any court, whether by an action in the nature of mandamus or otherwise.
FEDERAL LAW SUPERSEDES STATE LAW