Va Disability Benefits For Child Support

Generally monetary veterans benefits like disability and retirement pay are considered income for child support purposes.

Va disability benefits for child support. In this case the spouse can order garnishments from the VA to have the Veterans benefits to provide support to their child. 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. This compensation is federally protected from attachment of any kind under USC Title 38 5301. Itll take us longer to process your claim if your spouse is also a Veteran.

These include compensation pensions and grants for veterans with certain service-connected disabilities as well as pensions for some veterans 65 and older and grants for vets with age-related disabilities. Family members must file for apportionment by filling out VA Form 21-0788 Information Regarding Apportionment of Beneficiarys Award before garnishment will be considered. However because VA disability benefits are intended to support both you and your dependents it is possible you may face a garnishment for your VA benefits in order to satisfy unpaid child support or alimony obligations. These payments cannot be garnished for child support payments.

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. Your VA disability benefits are only at risk if you waive part of your military retirement pay to get your disability benefits. However the state can collect child support from your bank account at any time no matter how much money you have in your account. Whether or not your disability payments can be garnished depends on which type of disability benefits you receive and whether or not your child support payments are current.

If you and your spouse are both Veterans with a combined disability rating of at least 30 you can both receive additional disability compensation for each other and for your children. For legal help in protecting your VA disability benefits or establishing a fair amount of support contact a VA disability lawyer. There is a big exception to this garnishment rule however. This child support arrearage generally results from your commitment of disability benefits prior to an award of benefits by the Department of Veterans Affairs and the Social Security Administration.

SSI Supplemental Security Income disability payments are made to people who have a very low income. Only the portion of VA disability pay that represents the amount of the waived retired pay is subject to income withholding for child support. VA disability compensation is awarded tax-free to a veteran injured in combat or in the line of duty. Veterans Disability Benefits Learn about types of benefits available to some veterans with disabilities.

The disability pay of a veteran who elects to waive his or her entire military retired pay is not subject to income withholding for child support. You should never agree to include disability benefits that have yet to be awarded to you. The primary purpose of the VA benefits is to support the Veteran. 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.

The benefits also serve a mission to support their family as well. You may qualify for VA disability benefits for physical conditions like a chronic illness or injury and mental health conditions like PTSD that.