Child Support Garnishment from Disability Check

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Jennifer

Atlanta, GA

#1 Nov 4, 2011
I am just curious if anyone knows if child support could be garnished from my brother's disability check. He just got approved from the VA for 50% disability. Just wondering if his sorry ex-wife finds out would his check be garnished for the child support. He is an Army Veteran (OIF) and is now unable to work. He is scheduled to go back to child support court at the end of this month. Should he tell them about the disability payments or keep quiet?
Tileman

Douglas, GA

#2 Nov 5, 2011
I have thought about these types of dilemma's. On the one hand, he can probably barely meet his own needs if he is on disability, on the other he still has an obligation and responsibility to help provide for his child. Now if mom has plenty of income to meet the childs needs, it would be nice for her to say "dont worry about it, do what you can, but most of all spend time with our child". If she a sorry-ass, though, she probably doesn't have any extra, either.

Sorry, I really dont have an answer for you.
justsayn__

United States

#3 Nov 10, 2011
Idk but no matter how sorry the mother is the father is just as sorry not wanting to help take care of his child. why does he have so much back time to pay? He was not sorry b4 he got hurt to pay. So what makes it okay for him not have to pay.The kid is still there even if he is hurt or not.He needs to try to pay even if it is 100 or 200 a month than they can see he has tried.Hurt or not life must go on.
Jennifer

Atlanta, GA

#4 Nov 20, 2011
Mr. Tileman I appreciate your post. Hopefully we will find out something very soon.

And Justsayn_, mind your own business. I didn't ask for your opinion about dead-beat dads. That is NOT what he is, thank you very much. just sayin.
justsayn__

United States

#5 Nov 20, 2011
well when u put it on a public topix than u r asking for everyones opinion and if he dont think he should pay for his childs needs than yes he is a dead beat dad!
Jennifer

Phenix City, AL

#6 Dec 25, 2011
Justsayn,

I never said that he doesn't pay his child support. He pays it through Child Support Enforcement - EVERY MONTH. I was just asking if they would garnish his disability check now that he has a steady monthly income. I didn't need to know about your "daddy" issues because you apparently have them.
Jennifer

Phenix City, AL

#7 Dec 25, 2011
My brother went back to court and he had already told them about his benefits (which I didn't know) and apparently they cannot touch it! What a relief. They told him to pay what he could and if they modify it they will most likely close out his case, arrears and all! I am so happy for him. If you knew his ex-wife you'd be happy for him too!

Since: May 07

Location hidden

#8 Dec 26, 2011
Jennifer wrote:
My brother went back to court and he had already told them about his benefits (which I didn't know) and apparently they cannot touch it! What a relief. They told him to pay what he could and if they modify it they will most likely close out his case, arrears and all! I am so happy for him. If you knew his ex-wife you'd be happy for him too!
What will happen if your brother ever gets to 100 percent with is VA disability check his child will get covered then with his medical and get money then also with part of his check and at this point he can have that part of the check sent to him( if nothing changes at the VA and they do not go broke), If I am remembering right? His child will also have free medical and other things also when and if your brother gets to 100 percent disabled and if his child is 18 and under, and may even to 23 if he is in collage and has a passing grade but you need to check on this when and if he gets to 100 percent? But the way the VA works this stuff changes daily. Dealing with the VA is like hitting your head againest wall

Getting appeals done and upgrades on your percentages can sometimes take years, I have had a appeal in now for 5 years now just waiting for a hearing! So you see the VA works very slow in the hopes that the Veteran will die away so they will not have to pay.
just sayn____

United States

#9 Dec 26, 2011
no, I dont have baby daddy drama and no matter how the mother is there is still the childs needs there! maybe everything will work out for both of them!
cheryl

Acworth, GA

#10 Dec 28, 2011
Tileman wrote:
I have thought about these types of dilemma's. On the one hand, he can probably barely meet his own needs if he is on disability, on the other he still has an obligation and responsibility to help provide for his child. Now if mom has plenty of income to meet the childs needs, it would be nice for her to say "dont worry about it, do what you can, but most of all spend time with our child". If she a sorry-ass, though, she probably doesn't have any extra, either.
Sorry, I really dont have an answer for you.
Speaking from my own expierence. If you had claimed your children/child on your SS then the children will recieve their own support from ss dept. This would be considered as your support payments. My ex was also in the army. They would also be entitled to back support. Just because you have issues with the ex doesnt make it right to not help support your child. I pay child support for one of my kids and recieve ss for one and my sons dad is a dead beat!! He disowned his own son and adopted his new wifes kids. Dont make a child suffer for someone else's ingnorant actions!
cheryl

Acworth, GA

#11 Dec 28, 2011
I was just trying to say that if you get ss benefits, your child is elegiable as well. This payment should be counted as your support without you adding to it. Hope this helps.
joerob43

Charlestown, IN

#12 Apr 25, 2012
he is lucky! i'm going through the same thing. yes, child support is taking my disability check! and all my kids are grown. my case was closed in 08. now that im getting a check, my ex wants it! Now i find out that she will be getting it! I will get a wopping $28 a month now. That sucks!!!!
Cher

Palos Hills, IL

#13 Jun 5, 2012
Jennifer wrote:
I am just curious if anyone knows if child support could be garnished from my brother's disability check. He just got approved from the VA for 50% disability. Just wondering if his sorry ex-wife finds out would his check be garnished for the child support. He is an Army Veteran (OIF) and is now unable to work. He is scheduled to go back to child support court at the end of this month. Should he tell them about the disability payments or keep quiet?
I think it depends upon the state in which you live. In Indiana, YES! The only thing that can be garnished from your disability is child support. However, once you begin to receive "disability", any money that your children receive from their "disability entitlement", must be considered child support. In other words, it will reduce the arreages.

A little note, a custodial parent will receive garnished disability for the amount of child support the non-custodial parent was behind upon the "first" date of his filing for disability. Long story short, custodial parent receives payments from social security in the children's name and they will also receive back child support due them prior to the non-custodial parents filing.
wife of dead beat dad

Sumter, SC

#14 Aug 3, 2012
Jennifer wrote:
My brother went back to court and he had already told them about his benefits (which I didn't know) and apparently they cannot touch it! What a relief. They told him to pay what he could and if they modify it they will most likely close out his case, arrears and all! I am so happy for him. If you knew his ex-wife you'd be happy for him too!
I am the wife of a dead beat dad. YES THEY CAN garnish his disability VA pay if it is money waived from retirement pay to get VA disability up to 65% and the retired servicemember owes back child support or alimoney.What else can a mother who cannot get child support do otherwise? Their VA disability is also counted as income to figure child support and alimoney. If you have a court order for garnishment you can garnish VA disability or military retirement pay. Sometimes this is the only way to make a father support his children. So sad but true!!
wife of dead beat dad

Sumter, SC

#15 Aug 3, 2012
My husband (we have been legally separated for 2 1/2 years) owes me over $20,000 in back child support, alimony, unreimbursed medical expenses for our children and school tuition he was ordered to pay (50% to both). He is a despicable person. I cannot call him a man ,because he is not one. He has lied repeatedly in court and blocked court dates, delaying our divorce. I have tried to be nice, but this gets me nowhere. So I have no choice but to go after his disability. This is laughable. He is 100% disabled ,but races BMX. There is nothing wrong with him, so I am puzzled with the VA's ruling. I know that the majority if veterans are honorable men who have selflessly served their country, but he is NOT one of them. If your husband gets VA disability and has waived any retirement money to receive VA disability,you can garnish up to 65% with a court order for garnishment. If they receive CRSR, this is also subject to garnishment. They must be in arrears with child support or alimony to do this. You can have regular military retirement garnished with a court order also.
scooter

Yelm, WA

#16 Aug 29, 2012
va garnishmets fall under 38 usc 5307 and the dependants can only garnish what the service member gets for that child no matter what the service members percentage was or is. so if the service member has one child they can garnish like that 75 dollars the child is suppose to recieve. also. i understand that you need and want their compenation but maybe you sould exhibit that samecompasion for the disabled service member that your expecting for yourself centered self. woman up and get a productive job, that means goto work and stop expecting a hand out.
Sick and Tired

Pasadena, TX

#17 Sep 1, 2012
Well I have read these post, and I feel like this...IF YOU MAKE A CHILD, YOU MUST SUPPORT THEM, SICK, HURT, OR WHATEVER. Being a single parent myself who is owed over 50,000 understands the frustration of the mother fighting for her childrens financial security. I would do the same thing. If half of the single mothers thought like the dead beat dads where would the children be?? You can't put a price raising a child. God bless all the single mothers out there. God knows all and sees all.
yvette

Chicago, IL

#18 Sep 5, 2012
my boyfriend is going thru the same thing. he used to pay her cash every month more than she gets now thru child support. they are currently taking from his disability check (van, head on @50 mph) We filed a motion to cease and desist garnishments. she can file to get financial and medical thru SSI. What i want to know is can he be reimbursed? lol
Erik

Fairhaven, MA

#19 Sep 18, 2012
I always here people talk about the dads in a bad way.When alot of them these days take there kids every week end and plus work full-time trying to keep a roof over there head and 2 roofs over there kids heads and two places to feed them and two beds to sleep on,while the Mothers are collecting ssi for bi-polar and welfare and not even trying to work.But now that the father is disabled he can't get a brake without being homeless.No he should get to sit comfortable and take care of his kids to without worrying.I hope he keeps every cent and plus ssi usually gives the kids there own checks anyways so they will really be making out.
jim

Las Vegas, NV

#20 Sep 25, 2012
Jennifer wrote:
I am just curious if anyone knows if child support could be garnished from my brother's disability check. He just got approved from the VA for 50% disability. Just wondering if his sorry ex-wife finds out would his check be garnished for the child support. He is an Army Veteran (OIF) and is now unable to work. He is scheduled to go back to child support court at the end of this month. Should he tell them about the disability payments or keep quiet?
no, nobody including child support can touch that money.
I know this for sure because i was fighting for it for three years and have recently been granted disability. not only that, your brother does not have to pay child support anymore. he needs to get a lawyer and get a review done.

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