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Child support from Disability Check?

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

Hi,

Could someone please tell me if child support can be garnished from someones Disability check (from the United States Air Force)?

Thank you!
 


nemom3

Member
There are many factors involved there.... How long was the marriage? Is any support being paid?
Military Disability can be garnished but NOT in the normal way and is subject to an entirely different set of rules. Disability of this sort cannot be garnished through the courts it has to go through the VA and they have a completely different criteria they use to determine of the request should be granted. You would have to apply through the VA, and their criteria or very different. They are concerned with the servicemember NOT the children and they will make their decisions based on a whole different set of facts.
In my case my ex was making token payments, so even though he was already thousands of dollars in arrears and making nowhere near the court ordered payment they declined to grant any payment as they decided the NCP needed it more.
 

BL

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

Hi,

Could someone please tell me if child support can be garnished from someones Disability check (from the United States Air Force)?

Thank you!
NO , but the amount can be applied toward calculations and other enforcement procedures taken by collection .

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

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