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Can veteran's disability pay be garnished?
No. US code 38USC 5301: " Payments of benefits due or to become due under any law administered by the Secretary shall not be assignable except to the extent specifically authorized by law, and such payments made to, or on account of, a beneficiary shall be exempt from taxation, shall be exempt from the claim of creditors, and shall not be liable to attachment, levy, or seizure by or under any legal or equitable process whatever, either before or after receipt by the beneficiary. The preceding sentence shall not apply to claims of the United States arising under such laws nor shall the exemption therein contained as to taxation extend to any property purchased in part or wholly out of such payments. The provisions of this section shall not be construed to prohibit the assignment of insurance otherwise authorized under chapter 19 of this title, or of servicemen's indemnity."
VA disability as well as Social security is exempt.
VA disability as well as Social security is exempt.
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Workman's Compenstation Insurance is governed by the state. Whether or not it can be attached by a creditor would depend on the state garnishment/exemption laws.
Yeah by the Feds, IRS for back taxes (student loans) Dept of Education
Disability benefits are exempt from creditor attachment. They are not exempt if it pertains to child support or tax arrearage issues.
Yes, your disability check can be garnished. The reasons can be child support and taxes even across state lines. This happened to me. Yes I am speaking from experience not som…e law book or hear say. You have no protected income.
If it TRULY IS an accidental garnishment, for instance awarded to a private or commercial creditor, you may petition the court to have the award of the lien reversed. However,… disability income is NOT exempt from ALL creditors. If the lien was granted due to back taxes owed to the government, child support, etc., it was probably ganted properly. Check with the court which granted it for further information or to look into it.
The quick answer is No. VA Compensation can only be "attached" for federal tax purposes. It can also be Apportioned if dependents are not living with the veteran. The correct …course of law is not to go to court to divide the VA Compensation. That would be like asking them to split up a food stamp card. You would go back to the Food Stamp office and update your information and get separate card. For VA Apportionment it is very similar and legally called an Apportionment. When a person separates from a Veteran, they need to go to a Veteran Services office and request help completing VA Form 21-4138. A spouse can apply for benefit apportionment for themselves until a divorce is complete and any children in their custody. During the divorce you are still the spouse and a dependent. Once a final divorce decree is made, only children will remain as dependents. The parent or guardian needs to have the State Office of Child Support Enforcement (OCSE) complete a copy of vba-21-4138. The OCSE should complete the form. They need to specifically state how much child support is awarded based on NOT including any payments under Title 38. They also need to specifically identify a monetary amount for the "NEED" of the child. This can be either the state standard or based on special needs as long as documentation is provided. The USDVA needs this to see the exact amount needed to fill the gap. Any conditions of abuse or other factors of the child's life should be included with documentation. These will also be taken into consideration.
If your disablity is from the Gov. no one can touch it unless you have it in a bank acct. If you just get the checks and cash them, NO they cannot garnish any disablity checks… if they are from the government, just don't do direct deposit.
Chapter 13 (and all) bankruptcy is Federal Filing. And, no, usually Vets benefits are protected under bankruptcy. See an attorney familiar with these matters.
Unfortunately, yes. The Treasury Department (not the hospital itself) can garnish up to 15% of your monthly Social Security check to satisfy outstanding debt to the VA health …care system, because it is part of the federal government. They can not reduce your monthly benefit below $750 per month. You may be able to file a hardship waiver to prevent the garnishment (if they take that action), but the protected income threshold is pretty low. If you haven't already done so, contact a Veterans Service Officer through one of your local Veteran's Service Organizations (e.g., Vietnam Veterans of America, VFW, AmVets, Department of Veteran's Services, etc.) for assistance. You may want to talk to one of the non-governmental Veteran's groups (like Vietnam Veterans of America) before approaching Veteran's Affairs -- fellow ex-service members are often better advocates than government employees. Don't tackle this alone; VSO services are free and effective.
Under federal law, your VA benefits can only be garnished for the following: Child SupportAlimonyUnpaid Back TaxesDebts to other Federal Agencies There has been a problem, h…owever, with debt collectors freezing and levying bank accounts after the disability deposit has been made. If this happens, you have to go to court to stop them. Unemployment benefits are administered by the state, not the federal government. If there is a levy against your account or a writ of garnishment on your VA Disability check for overpaid unemployment compensation, contact your local Vet Center (see link below) or legal aid society for assistance. The answer above is not wholly true. VA disability cannot be garnished for child support. The law states only when VA disability is for retirement purposes and only then can it be used to calculate child support. However there is this thing called a proportionate that can take up to 80 percent of a members income, and it has to go through and be approved by the VA office. But that is used only when one is not paying a sufficient amount and not making an effort to pay child support. The reason for the law is so the deadbeats do not waive the military retired pay in order to receive disability which they think they can get away with not paying child support.
Yes, by the federal government only. The IRS, federal student loans, ect. Regular creditors can not.
Yes, it can ... especially if you owe alimony or child support.
All Social Security benefits are exempt from garnishment by creditor judgments. Likewise, all military and federal government pensions and public assistance funds. Private dis…ability such as workman's compensation would be subject to the laws of the state in which the beneficiary resides. Not all U.S. states allow the exemption of private disability and/or pension benefits from creditor garnishment. Please note, exempted funds such as SS benefits should not be comingled with other income to avoid the seizure by creditor judgment. It is the responsibility of the debtor to present documentation to the court as to the exemption status of specified monies.
I think what you are asking is "is a disabled vet's pay taxable" this depends on the type of disabilty pay the VA is providing.
yes but it depends on which collegde your going to.
Yes. The support amount can be taken directly out of the monetary benefit before the veteran receives them.
Most likely, the majority of disability benefits are considered income and therefore subject to garnishment. The deciding factor is usually the type of disability benefits whe…ther from a private or public source. All SS benefits and state public assistance benefits are garnishable for child support obligations Please be advised, when exemptable funds are comingled with other non exempt funds they are considered income until the account holder proves the monies are not subject to garnishment.