Possible VA Disability Payments Effecting Child Support

[Cainlord]

What is the name of your state (only U.S. law)? ND

To start, I am fully current on child support and pay about $500 a month and carry insurance for my child.

When I was in the military I was injured in basic training. As I have gotten older, the damage from the injury has caused regular issues to come up. This injury was about 7 years prior to the birth of my child who I pay support for.

I was advised by a military buddy who had a similar situation as far as being injured goes that I should look into VA Disability benefits since I was injured in basic, but as it sits right now after reading some of the similar threads I am not sure how it affects my child support.

I have read that:

- It can be treated as income in the calculations
- In general, It can't be garnished

So to me, it gets a bit confusing. So on one hand, its used in the calculations as income, which in turn increases the amount to be paid. on the other, it can't be garnished.



So in short, what does that actually mean then when it comes time to pay child support?

Are they then taking out more child support from the sources that can be garnished? Do they instead say "X" amount that is calculated from the disability payment is not to be garnished at all?

Also, I was advised that my disability payment may be backdated to the time when the injury occurred. How will that be taken into account then? Will they then take a lump sum payment from that for child support?

 

[garrula lingua]

Federal lawdoesn't allow garnishment of V.A. benefits (also, no garnishment of SSI).

Most states include V.A. disability payments in calculating income.
N.D. states:
5. "Gross income" means income from any source, in any form, but does not mean benefits received from means tested public assistance programs such as aid to families with dependent children, supplemental security income, and food stamps. Gross income includes salaries, wages, overtime wages, commissions, bonuses, deferred income, dividends, severance pay, pensions, interest, trust income, annuities income, capital gains, social security benefits, workers’ compensation benefits, unemployment insurance benefits, retirement benefits, veterans’ benefits (including gratuitous benefits), gifts and prizes to the extent each exceeds one thousand dollars in value, spousal support payments received, cash value of in-kind income received on a regular basis, children’s benefits, income imputed based upon earning capacity, military subsistence payments, and net income from self-employment.

Your VA benefits cannot be directly garnisheed from the Veteran's Administration - that's per a Federal statute.
Normally, your child support will be garnished from your employer (up to 50 to 65%, max) - that's per your state's statute.
There's no problem in witholding your entire c/s obligation from your state wages, even if some federal income was included in the calculation.

 

[BL]

V.A benefits can be calculated .

You've mentioned your obligation would go up if and when you received V.A Benefits .

V.A Benefits can not be garnished .

US CODE: Title 38,5301. Nonassignable and exempt status of benefits

However other enforcement procedures could occur ,if you do not willingly pay your obligations and keep them current .

 

[Cainlord]

so in short, they use the VA Benefits in the calculations, but can't directly take support from those benefits so just charge what they would have taken if they could from the VA Benefits and instead take it from the other sources?

Does that about some it up?

 

[BL]

so in short, they use the VA Benefits in the calculations, but can't directly take support from those benefits so just charge what they would have taken if they could from the VA Benefits and instead take it from the other sources?

Does that about some it up?

Yes, and more .

http://www.nd.gov/dhs/services/childsupport/progserv/enforcement/collection-tools.html[/U]]Collection Tools: Enforcement: Services: Child Support Enforcement: Services: Department of Human Services: State of North Dakota