Garnish VA disability payments for child support: Veterans Affairs (VA) has specific guidelines on garnishing disability benefits for child support.
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Most disability benefits can’t be garnished for child support.
The purpose of this protection is to provide financial support for disabled veterans and their families.
Veteran’s benefits may, however, be withheld by the VA and allocated to a divorced spouse or child.
Among these circumstances is when a veteran fails to pay child support to their former spouse after a divorce.
I know some one who has had his VA disability cut by 200 dollars but he is still rated at the same amount. Would this be apart of that?
— Steven C (@laatst) February 13, 2024
To satisfy child support obligations, the administration may garnish a portion of the veteran’s pay.
The VA may also garnish a veteran’s retirement pay if he or she waived a portion of it in order to receive untaxed disability compensation.
The amount withheld from retirement pay cannot exceed the disability payments received instead of a pension.
Veterans with a disability rating of more than 50% may be eligible for concurrent retirement and disability pay (CRDP), according to the Military Officers Association of America (MOAA).
If a veteran is eligible for CRDP, the VA can still garnish their pay for child support and deduct it from their pension.
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Garnish VA disability payments for child support: How does it work?
A garnishment is when a court orders money or property to be taken in order to pay a debt.
Social Security retirement benefits and federal income tax returns can typically be garnished for child support.
When it comes to VA compensation and pensions, garnishment is usually prohibited. However, this does not mean that veterans receiving these benefits are not required to pay child support.
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You can seek assistance if you are facing garnishment
VA will assess a veteran’s additional income sources before determining how much to withhold if they fall under the categories allowing garnishment.
There may be a higher percentage withheld from the pay of veterans with other sources of income.
Additionally, the veteran’s health condition is taken into account.
VA Disability, Divorce, Child Support, Alimony, Garnishment & Apportionment https://t.co/W9XK3vBnue pic.twitter.com/721Cb6xDhX
— Documents For Court (@Docs4Court) September 18, 2020
The amount garnished may be relatively lower for those with disabilities who require more financial support for treatment, while the amount may be greater for those in good health.
Veterans should know their rights and options when it comes to VA benefits and garnishments.
You can contact VA at 1-888-373-4722 if you have questions or concerns about garnishment of your benefits.
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