VA Benefits vs. Wages - What a Loophole!

[FoggyDew]

What is the name of your state?What is the name of your state?What is the name of your state? Texas
NCP is in arrears soon to be 10K in child support and medical reimbursement after claiming and being awarded 'unemployability' with the VA. This 30something man (prior to filing with the VA) sold his home, and all material assets leaving nothing on which to put a lien for arrears. The VA says the thousands he brings home every month tax free is not garnishable because it is considered a benefit not wages. Additionally, because it is tax free he will not have potential tax refunds to pull from. The Texas Attorney General's office has set a court date in Feb for enforcement (my request) and modification (his request) based on what NCP says he is now getting. Regardless of the modification, I see no way of ever collecting CS as he would be responsible directly for making these payments vs. garnishment. Understand he has 2 other prior cs obligations that were NEVER paid from previous marriage because garnishment was not involved. Does anyone know if there is a way around this zero-garnishment regulation from the VA or if there is legislation in process to close this loop hole?

 

[LdiJ]

What is the name of your state?What is the name of your state?What is the name of your state? Texas
NCP is in arrears soon to be 10K in child support and medical reimbursement after claiming and being awarded 'unemployability' with the VA. This 30something man (prior to filing with the VA) sold his home, and all material assets leaving nothing on which to put a lien for arrears. The VA says the thousands he brings home every month tax free is not garnishable because it is considered a benefit not wages. Additionally, because it is tax free he will not have potential tax refunds to pull from. The Texas Attorney General's office has set a court date in Feb for enforcement (my request) and modification (his request) based on what NCP says he is now getting. Regardless of the modification, I see no way of ever collecting CS as he would be responsible directly for making these payments vs. garnishment. Understand he has 2 other prior cs obligations that were NEVER paid from previous marriage because garnishment was not involved. Does anyone know if there is a way around this zero-garnishment regulation from the VA or if there is legislation in process to close this loop hole?

Texas has been known to jail parents for non-payment of child support...and if there is no other way to collect from him, a judge might very well do that.

 

[IrishLady47]

Yes, there is a way. Although VA benefits cannot usually be "garnished", you can apply for "apportionment" of his VA benefits for the support of his dependents. Go to www.va.gov or call 1-800-827-1000. This will only help w/current support, I don't believe it could be used to get arrears paid. When my ex was receiving VA educational benefits, I did receive an apportionment of those benefits for our son since he was not otherwise paying child support.