VA Benefits And Child Support

December 13, 2016 6:43 pm

The law governing whether a family court can steal, oh sorry, “garnish” or “apportion” disability benefits from service disabled Veterans is deliberately written with loopholes and vague, easily exploitable language. The Office of Child Support Enforcement provides instructions for lawyers and courts here, with a clear nod to take whatever the courts decide in a key phrase in “Example #2”. The apportionment/garnishment “may not cause undue hardship”, and is defined no further.

An apportionment would not be made if it would cause undue hardship to the veteran or in certain other circumstances specified by statute or regulation.

The governing Social Security Administration Act: §459 goes into detail on what the definitions are and how they may be affected by child support.

More to come…

Filed under: | | | |