Veterans Disability Benefits And Child Support

Whether its SSDI or SSI the court can garnish your benefits for any back child support payments you owe.

Veterans disability benefits and child support. 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. Veterans Benefits paid to you because you are disabled or elderly and low-income cannot be garnished. The short answer is yes. It was not meant to be returned to the federal government as free money.

This money is supposed to provide disabled veterans some financial stability as they battle life after service. These payments cannot be garnished for child support payments. SSI Supplemental Security Income disability payments are made to people who have a very low income. 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.

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. Furthermore the court ruled that the child support can be enforced even where the veterans income is composed of VA disability benefits ABA 2011. For this reason its important not to fall behind on your child support payments. As the spouse or dependent child of a Veteran or service member you may qualify for certain benefits like health care life insurance or money to help pay for school or training.

Other Factors That Affect VA Benefits. In this case the spouse can order garnishments from the VA to have the Veterans benefits to provide support to their child. Learn about types of benefits available to some veterans with disabilities. In other words if you waived part of your taxable military retirement to receive nontaxable disability compensation your disability benefits can be garnished to meet alimony and child support obligations.

As the survivor of a Veteran or service member you may qualify for added benefits including help with burial costs and survivor compensation. If the judge in your divorce case is presented with an inaccurate picture of your finances it is possible you could be required to pay an unfair amount of child support. VA benefits for spouses dependents survivors and family caregivers. For those reasons a court is likely to consider any VA disability benefits as part of your income to calculate child support payments.

Generally monetary veterans benefits like disability and retirement pay are considered income for child support purposes. However if you are entitled to military retirement benefits AND Veterans Disability Benefits then the VA may allow a state court to take child support payments directly from your Veterans Disability Benefits check. The primary purpose of the VA benefits is to support the Veteran. VA disability compensation pay offers a monthly tax-free payment to Veterans who got sick or injured while serving in the military and to Veterans whose service made an existing condition worse.

The benefits also serve a mission to support their family as well. 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. 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. Supplemental Security Income SSI is a government program that helps disabled people with the lowest income.

Only the amount of the disability compensation you were paid in place of retirement pay can be garnished. While SSI isnt garnished for outstanding taxes and debts the court can garnish it for child support non-payments.