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Garnishing a VA check for child support

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phrogs05

Junior Member
What is the name of your state (only U.S. law)? NC

I have a 20 year ols son. I am still owed child support from his father. His father lives in Georgia and he is receiving a check from the military on a monthly basis. He receives this check because he was involved in a motorcycle accident about 14 years ago. My son went to live with his father when he was 9 and stayed until he was 13. After that he came back to live with me. I have all the court documents that state his father is to pay 350.00 per month in child support. I am not looking to collect the support owed for the years he lived with his father. I would like to collect the support owedfrom the ages of 13 to 18. Is it possible to garnish his VA check to accomplish this?
 


BL

Senior Member
What is the name of your state (only U.S. law)? NC

I have a 20 year ols son. I am still owed child support from his father. His father lives in Georgia and he is receiving a check from the military on a monthly basis. He receives this check because he was involved in a motorcycle accident about 14 years ago. My son went to live with his father when he was 9 and stayed until he was 13. After that he came back to live with me. I have all the court documents that state his father is to pay 350.00 per month in child support. I am not looking to collect the support owed for the years he lived with his father. I would like to collect the support owedfrom the ages of 13 to 18. Is it possible to garnish his VA check to accomplish this?
No .

Funds clearly marked as Veteran's benefits can not be seized .

However , the funds can be calculated for child support purposes , and sanctions can still be imposed by CSEU .

§ 5301. —  Nonassignability and exempt status of benefits. - US § 5301. —  Nonassignability and exempt status of benefits. - US Code :: Justia
 

proud_parent

Senior Member
No .

Funds clearly marked as Veteran's benefits can not be seized .

However , the funds can be calculated for child support purposes , and sanctions can still be imposed by CSEU .

§ 5301. — *Nonassignability and exempt status of benefits. - US § 5301. — *Nonassignability and exempt status of benefits. - US Code :: Justia
There is one narrow exception to this, which can be found in § 659, paragraph (h), subparagraph (A)(ii)(V). If the veteran is in receipt of retired or retainer pay, and that veteran has waived a portion of retired or retainer pay in order to receive SC disability compensation, then the SC disability pay is subject to process.

§ 659; *Consent by United States to income withholding, garnishment, and similar proceedings for enforcement of child support and alimony obligations.
 

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