Possible Progress

[Newlydivmomto4]

What is the name of your state (only U.S. law)? Kentucky/Missouri/VA

Brief history; Living in Kentucky, Ex in Missouri (he's 100% total and permanent disabled vet), Court order out of California. Ex decided he would voluntarily lower court ordered child support without going through the court. I finally got tired of the shenanigans and lies and went through CSE. This was all last year.

Ex didn't send his normal lower amount on the 1st, I texted, no response of course. Nothing has happened in the past 9 months of waiting on CSE, so I gave them a call. Well Missouri sent an enforcement order to the VA to enforce the original order. So a good thing there.

Does anyone have any idea how they will enforce this order? I have seen something about an apportionment, but neither KY of MO has asked me to do that.
Also, my kids dependent ID cards have expired. My ex is refusing to send the form for them to get new ones. Can I take the order to the local base and get them done? (I know this one is probably way out of your all's base of knowledge but I thought I would give it a shot).

 

[QuiGonJinn]

You should ask DEERS at 1-800-538-9552, but I suspect it requires him to sign the form if the kids are on Tricare. If they are on CHAMPVA different rules may apply. If he got a notice from VA that they got an order to withhold child support (from disability) that is probably why he stopped paying directly.

 

[Newlydivmomto4]

You should ask DEERS at 1-800-538-9552, but I suspect it requires him to sign the form if the kids are on Tricare. If they are on CHAMPVA different rules may apply. If he got a notice from VA that they got an order to withhold child support (from disability) that is probably why he stopped paying directly.

I spoke with the number your provided and they said they could do a temporary 30 day id card and they would mail him the paperwork to be signed or produce documentation on why the kids shouldn't have ID cards. I was going to take them on Monday, but as a last ditch effort to get a response I had one of the kids send him a text asking about the paperwork. He texted me back saying that he had signed the paperwork and that I'd be able to get them ID cards. I know we shouldn't put the kids in the middle, its just the trip to the closest place is an hour each way. I didn't want to have to take time off work and kids out of school twice to get the ID cards if I could avoid it.

Thank you for your help

 

[t74]

Is he on SSDI? If so, why is the child benefit not replacing his CS?

 

[Newlydivmomto4]

Is he on SSDI? If so, why is the child benefit not replacing his CS?

Because he is not on SSDI. Yes, I have called and checked.

 

[Newlydivmomto4]

Update:
Things are actually moving along. I heard from Kentucky that Missouri had requested payment history from Kentucky and California. Well, since my ex and I have never gone through the state for payments I knew that they would have nothing so I sent them their form with payment history going back to the first month payment was due. Low and behold, Missouri calls me yesterday. They thanked me for the document that they did not request. Said that since they now have payment history, they will send out the wage garnishment order. They had to cancel the original one they sent out because they did not have payment history. They will send the case to enforcement for the arrears, send my ex the payment history that he has 30 days to dispute, then they will go with getting the arrears. Ex can't do much about the payment history, I went straight off of what my bank statements were.

I probably jumped a few steps sending in the payment history, but I knew that they would need it.

 

[not2cleverRed]

https://forum.freeadvice.com/child-support-98/quick-question-625248.html

Note: if things are actually progressing, you ex might have been notified that he is no longer to send cs to you directly. When you involve the government in child support, you are left with them doing the accounting going forward, not you.

 

[Newlydivmomto4]

Different question

Would there be any benefit for me to file with Missouri? Missouri will call and talk to me but won't talk to me if I call to ask them a question. They tell me I have to call Kentucky.

 

[QuiGonJinn]

Would there be any benefit for me to file with Missouri? Missouri will call and talk to me but won't talk to me if I call to ask them a question. They tell me I have to call Kentucky.

Missouri doesn't appear to have jurisdiction for the case, they are enforcing the other state's order which they can do. Continuing exclusive jurisdiction doesn't apply because both parties moved from the issuing state. Its appropriate for you to deal with your case worker in Kansas and let them hand off enforcement to Missouri. Your case appears to be moving along nice and fast. We had a local in a similar 3-state situation and they are close 3 years into it now, because state DSS tried to get a mod in the NCP's current state. You may have had issues actually forcing the Ex to sign the forms for the insurance cards, so I'm glad you were able to that worked out peacefully.

 

[Newlydivmomto4]

Update and questions

I called child support enforcement last night in Missouri, and they told me that the case had been turned over to the district attorney's office. I left a message and am waiting for a call back.

Out of curiosity, what can the DA do that child support enforcement cannot?

Also, I have filed for an apportionment with the VA against my ex's disability. After talking with them I found out that when a case is filed, after the first 45 days they start to withhold an amount that is close to what the apportionment for our children would be. These funds are held in reserve until the case is finalized, which right now is taking roughly 12-18 months. I'm wondering if I should keep the case open or close it at my request and let the DA handle things.

 

[QuiGonJinn]

VA Benefits are specifically excluded from garnishment by the Social Security Act, with the exception that disability compensation that is paid in lieu of retried pay is not. It is just that portion that is considered. For example if he waived $400/month in retired pay to get $900/month in VA Disability only the $400 of the benefit is in play. It could work out that he could escape contempt based on not having ability to pay, and only recourse would be the maximum percentage the state could garnish (40-60% in most states) of that portion of the amount that is garnishable. It may also be that the amount is not garnishable at all and he is never forced to pay anything.

 

[Newlydivmomto4]

VA Benefits are specifically excluded from garnishment by the Social Security Act, with the exception that disability compensation that is paid in lieu of retried pay is not. It is just that portion that is considered. For example if he waived $400/month in retired pay to get $900/month in VA Disability only the $400 of the benefit is in play. It could work out that he could escape contempt based on not having ability to pay, and only recourse would be the maximum percentage the state could garnish (40-60% in most states) of that portion of the amount that is garnishable. It may also be that the amount is not garnishable at all and he is never forced to pay anything.

Unfortunately you are wrong. The custodial parent of a veteran who is receiving disability can apply for an apportionment of the vet's disability pay, this is also true for an estranged spouse, a spouse who is married to a veteran who is incarcerated or dependent parents. You are correct that disability cannot be garnished, but it can be apportioned.

http://www.acf.hhs.gov/programs/css/resource/income-withholding-and-veterans-benefits

 

[QuiGonJinn]

Unfortunately you are wrong. The custodial parent of a veteran who is receiving disability can apply for an apportionment of the vet's disability pay, this is also true for an estranged spouse, a spouse who is married to a veteran who is incarcerated or dependent parents. You are correct that disability cannot be garnished, but it can be apportioned.

http://www.acf.hhs.gov/programs/css/resource/income-withholding-and-veterans-benefits

Note that the first example says only the "pay" portion of the Disability payment (the benefit that would have been declined to get the disability in lieu of it) can be garnished/apportioned, the other examples all deal will with "pay/compensation" only. In any case you have already applied right, so you will get approved or rejected soon enough.

 

[Newlydivmomto4]

Note that the first example says only the "pay" portion of the Disability payment (the benefit that would have been declined to get the disability in lieu of it) can be garnished/apportioned, the other examples all deal will with "pay/compensation" only. In any case you have already applied right, so you will get approved or rejected soon enough.

Again, you do not seem very familiar with VA disability apportionment. The example for the veteran who has declined a portion of his retirement in lieu of disability pay is only one example and does not apply to all. Some vets do not get any retirement and only disability, some waive a retirement for disability and yet others are entitled to both as concurrent receipt; full amount with no waiver. Example 3 of the link shows how apportionment is based on the entire disability amount, not just the amount that the vet waived of his retirement check. "Compensation" is disability compensation.

I'm not asking about how apportionment works. I am asking about if I should continue with the apportionment or let the DA in my ex's state handle things.

 

[Newlydivmomto4]

Just an update. My ex's state has sent an order to the VA and they are garnishing his disability check. I've read numerous sites where it says that VA disability is not subject to garnishment, but I think my ex's case is an exception to the rule, possibly because he has concurrent receipt of retirement and disability.

ETA: I canceled the apportionment request. Ex is still 18k in arrears but the monthly support, I figure eventually that will be addressed.