Searching for Collecting Child Support From Disabled Veterans information? Find all needed info by using official links provided below.
https://info.legalzoom.com/can-child-support-use-veterans-disability-income-26617.html
Generally, monetary veterans benefits, like disability and retirement pay, are considered income for child support purposes. 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.
https://www.acf.hhs.gov/css/resource/income-withholding-and-veterans-benefits
Section 459 of the Social Security Act, as amended, and the statutes governing benefit payments by the VA provide for withholding of child and spousal support from some federal payments, but child support agencies cannot garnish most benefits paid by the VA. The exception is disability compensation paid in lieu of waived military retired or retainer pay, as discussed in example #1 below.
https://statesidelegal.org/veterans-benefits-and-child-support-q-and
For many debts, except for child support, your Veteran's Benefits are protected from garnishment. New laws require your bank to protect the money in your account equal to two months' worth of 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.
https://info.legalzoom.com/can-va-disability-compensation-used-calculate-child-support-income-24946.html
Child support guidelines typically take both parties' incomes into account. For purposes of calculating child support, income usually includes disability benefits from Veterans Affairs. Although the law typically protects VA benefits from garnishment, this doesn't always apply to child support.
https://statesidelegal.org/sites/default/files/Veterans%20Benefits%20and%20Child%20support%20-%20a%20memo%20for%20lawyersREVISED.pdf
beneficiaries of Veterans’ Benefits in a state court and collection of child support through the state court process short of direct garnishment of the federal benefits.
https://dadsdivorce.com/articles/can-child-or-spousal-support-be-taken-out-of-veteran-disability-income/
In many jurisdictions, veteran, military and disability income can be considered when determining your gross income and, by extension, your child support order. If that is the case in your jurisdiction, the court may not be empowered to directly take your benefits, but it …
https://www.nolo.com/legal-encyclopedia/how-divorce-alimony-child-support-affect-veterans-va-benefits.html
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 legal help in protecting your VA disability benefits or establishing a fair amount of support, contact a VA disability lawyer.Author: Margaret Wadsworth
https://texaslawhelp.org/article/disabled-veterans-and-child-support-obligations
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.
https://www.acf.hhs.gov/css/resource/financial-support-for-children-from-benefits-paid-by-veterans-affairs
The IV-D agency (state child support enforcement office) should write the Department of Veterans Affairs using agency letterhead to request an apportionment review. The letter should be signed by both the appropriate IV-D official and the custodial parent. The letter should be addressed to the VA Regional Office servicing that veteran’s benefits.
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