Va Disability Back Pay Child Support

After he became disabled the fathers income consisting solely of his SSDI payment dropped to 2000.

Va disability back pay child support. By perpetrating the Internet rumor that veterans disability payments cant be used for child support or alimony youre not doing us any favor. Instead we may pay you back only to the date we received your claim for additional disability for the dependent or in some cases up to a year before before this date. I have 2 kids at home and. The mothers income remained the same.

The non-taxed compensation that you received in place of your retirement pay can be garnished. The custodial mother was earning 2000 a month. While you will still have to pay child support you can request that your child support payments be modified. If your VA disability benefits are a significant part of your total income you may end up using your benefit income to meet child support or alimony obligations.

For many debts except for child support your Veterans Benefits are protected from garnishment. They can be used to pay off past due or current child support. In other words the state can garnish your bank account without your consent to collect child support. For legal help in protecting your VA disability benefits or establishing a fair amount of support contact a VA disability lawyer.

If the amount of your disability payments is significantly less than the amount of money you made in the past it goes without saying that paying the child support may become financially stressful. Over the years Ive watched as veterans have been sentenced to jail for defying orders of the court because of the 5301 propaganda. Thus even if your ex-spouse is not employed and has no other income he can still be ordered to pay child support based on his income from veterans benefits. Also if you get a lump sum of back payments from the SSA a percentage of this payment could also be garnished to go towards child support.

Family members must file for apportionment by filling out VA Form 21-0788 Information Regarding Apportionment of Beneficiarys Award before garnishment will be considered. Generally monetary veterans benefits like disability and retirement pay are considered income for child support purposes. The garnishment can also be used to meet alimony and child support. Before he became disabled a non-custodial father of two was required to pay 1086 a month in child support based on a gross income of 5000 a month.

The state can force your bank to remove money that you owe in child support from your bank account. If its been more than one year since you got married or had or adopted a child we may not pay you back to the date of the marriage birth or adoption. In most cases creditors and tax entities may not garnish your VA benefits to satisfy unpaid taxes or civil judgments. I have had income and have had child support ordered and I PAY it.

The remainder of your disability however will NOT be garnished. If your child support agreement is based on disability benefits that have not been awarded by the Department of Veterans Affairs and the Social Security Administration you must return to court and request a modification of the child support agreement to reduce the amount of child support that you are obligated to pay. Ok So now I am to get back pay for 22 month at 40. VA disability benefits will not be garnished for alimony or child support payments until the veterans former spouse first elects to receive the apportioned share of it.