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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.
What else can I help you with?
Can Social Security VA disability compensation be garnished for credit card debt?
No
Can you receive a Federal employee disability annuity and a VA disability annuity payment together?
Yes you can collect Federal Disability Civil service and Va disability payment together, but the checks are separate.
What day of the month do VA disability checks get deposited if the first is a holiday?
you will recieve it the next business day
Can va disability income be garnished?
As an attorney who has worked with veterans, I’ve seen many assume their VA disability income is completely protected, but that's not always the case. While VA disability benefits are generally shielded from creditors, they can legally be garnished for specific obligations like child support, alimony, federal tax debts, or VA benefit overpayments. One veteran I worked with was stunned to find part of his benefits garnished due to back child support, even though he thought those funds were fully exempt. If you're facing potential garnishment, don't panic but do act quickly. It’s important to consult a VA-accredited attorney or legal aid office familiar with both veterans’ benefits and family law. You may be able to challenge the amount being garnished or request a hardship exemption. A helpful tip: keep documentation of your expenses and financial hardship in case you need to negotiate or file a formal objection.
Can disability be garnished in AZ?
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.
Can social security disability ever be garnished for alimony?
Yes, social security disability benefits can be garnished to pay alimony or child support obligations. The government allows up to 50% of your disability benefits to be garnished for this purpose.
What is a SSA Treasury 310 Check?
The XX in front of VA means that this disability check cannot be garnished for child support or other garnishments.
If credit cards are suing you in court and they win Can your wages be garnished if you are on state disability?
If you are on SSDI which is federal disability then NO. They must go to Federal court after receiving a judgment in order to have a Federal judge garnish your SSDI checks.
When do they mail out VA disability paper check?
VA disability paper checks are typically mailed out on the first of each month. However, if the first falls on a weekend or holiday, checks may be issued on the preceding business day. It's important for recipients to ensure that their mailing address is updated with the VA to avoid delays in receiving their payments. For specific inquiries or updates, it's advisable to contact the VA directly.
Are December 2011 va disability checks late?
my social security check came late in Nov as well as this month
Income that can not be garnished by IRS?
Disability (including Social Security Disability) generally cannot be garnished. Just about everything else is fair game.
Can a VA disability pension be garnished for a student loan.?
Your VA disability to my knowledge is untouchable to all creditors, to include child support, and student loans. Your student loans will affect your credit report negatively until it is in good standing. It will never go away or default. You can not claim it on a bankruptcy either.
