Hello,
Can Veteran Disability income be garnished for child support?
I have a court order for child support but the father refuses to pay?
Can I have his income garnished?
Thanks for any help.

Here is what I was able to find for you:

US Code Title 42 § 659.
Consent by United States to income withholding, garnishment, and similar proceedings for enforcement of child support and alimony obligations
(h) Moneys subject to process
(1) In general
Subject to paragraph (2), moneys payable to an individual which are considered to be based upon remuneration for employment, for purposes of this section—
(A) consist of—
(ii) periodic benefits (including a periodic benefit as defined in section 428 (h)(3) of this title) or other payments—
(V) by the Secretary of Veterans Affairs as compensation for a service-connected disability paid by the Secretary to a former member of the Armed Forces who is in receipt of retired or retainer pay if the former member has waived a portion of the retired or retainer pay in order to receive such compensation;
US CODE: Title 42,659. Consent by United States to income withholding, garnishment, and similar proceedings for enforcement of child support and alimony obligations

I will edit to include the other portion:

US Code Title 38 § 5307.
Apportionment of benefits
(a) All or any part of the compensation, pension, or emergency officers' retirement pay payable on account of any veteran may—
(1) if the veteran is being furnished hospital treatment, institutional, or domiciliary care by the United States, or any political subdivision thereof, be apportioned on behalf of the veteran's spouse, children, or dependent parents; and
(2) if the veteran is not living with the veteran's spouse, or if the veteran's children are not in the custody of the veteran, be apportioned as may be prescribed by the Secretary.
US CODE: Title 38,5307. Apportionment of benefits

It must be noted that the VA's approval of a request for apportionment is discretionary and absolutely NOT guaranteed.

That means YES!

Quote:

---

Originally Posted by mona66

Hello,
Can Veteran Disability income be garnished for child support?
I have a court order for child support but the father refuses to pay?
Can I have his income garnished?
Thanks for any help.

---

Yes, you can, but you would have to apply to the VA for the garnishment. It is at their discretion - some requests are approved, others are not.

You would apply at the VA's headquarters in Washington, DC. Your local VA office should have the appropriate forms and information.

Quote:

---

Originally Posted by twinkiedooter

That means YES!!

---

I work for the VA. The only time VA benefits can be garnished is if the veteran is receiving compensation from the VA in lieu of retired pay.

Apportionments of VA compensation/pension is possible IF the veteran is NOT providing support for dependents. Normally the veteran would need to be receiving an additional allowance from the VA for dependents.