Child Support Garnishment from Disability Check

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disability

Baytown, TX

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#52
Dec 26, 2012
 
Here is a question. I have been paying my child support, have a full time job,Army retirement check and 60% disability. I have been taken back to court for a cost of living adjustment. Can the judge count my disability check as part of my income? If the judge can nt, does anyone know the law.
Jennifer

Fayetteville, GA

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#53
Dec 27, 2012
 
Thanks so much for your comment, Carrie. PTSD and TBI are serious injuries which veterans are unfortunately having to deal with now. When they come back to the States they are not the same and when you compound that with an evil, greedy and cheating wife, all my brother could do was leave and divorce her. He never left the kids. They are the most important people in his life. He sees them when he is allowed but hardly ever "extra". He is getting treatment at the VA and receiving a small disability check. But as his court dates are continuing to be postponed, his child support arrears keep adding up. He can only do so much and his ex tries to make his life as miserable as possible just because HE decided to leave their toxic marriage to stay sane. I don't understand the system but he's doing the best he can to take care of his children. I know there are truly some dead beat dads out there but my brother is NOT one of them. If you knew my brother and his ex-wife you would completely understand his situation. It's almost been a year. Still praying for a settlement or a court date. This has been a ridiculous year.
Good

North Hollywood, CA

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#54
Dec 29, 2012
 
I Like Everyones Comments & There Own Opinions On This! Whether It's Right, Its Wrong & It's Backed Up With Facts! I'm Now Getting SSI For My Disabilty... It's Not Much But It's Something... But To Be Honest I Rather Be Healthy & Not Get This... & Be Able To Do What Everyone Does.... It Sucks Not Having The Abilty Of A Heathy Strong Person.... But I Have My Faith! But The Reason I'm Writing This Is I Myself Am Going To Be A Dad Real Soon :) I'm Really Excited! But The Mother I Thought Was The One Turn Out To Be The Wrong One :( She Treats Me Bad, Lies & She's Cheated On Me Mutiple Times.... She Doesn't Know That I Know That.... I Was Hoping She Straight Up Told Me She Did But She Hasn't & She Probaly Wont That Really Breaks My Heart Because I Love The Girl & I Didn't Do Nothing To Her....:( & Well I Don't Wanna Be With Somone Like That.... So I'm Thinking Of Breaking Up With Her But I Haven't Told Her Nothing Yet Because Shes Prego Still So After She Has My Son :)I Don't Care If She Put's Me On Child Support Because Either Way I Was Still Gonna Give & Still Am Going To Give My Son Money Even If She Didn't Put Me On CS But Knowing Her She Probably Will Do ... I Don't Get Much But, I'm Still Going To Give My Baby Money As Much As I Can & Money For Me To Live On Too & Because It's Not His Fault But I Look At This As A Blessing & A Lesson & I'm Learning From This..... I'm Always Down & Feel Like I'm Losing My Mind At Times :( But Lately I've Been Cheerie I Think Only Because I Think About The Baby & I Think That's What Take My Pain & Sadness Away Sometimes... But Everyone Take Care, Good Luck & God Bless You To All Of You Having Mental Or Physical Problems Your Not Alone... Wish Me Luck I Guess To I'm Going To Need It....
fairs fair

Mansfield, TX

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#55
Jan 8, 2013
 
joerob43 wrote:
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!!!!
if I were you id go back to the VA and try like hell to prove your no longer disabled. Then that haggard money hungry ----- wouldnt be getting anything. Women (not all), you want equal rights and pay? Then stop relying on men and children to bring you your money and further more, courts stop allowing this garbage. These injustices are what leave men feeling cornered and cornering a Vet is usually not a good idea. I'd say its time for men to get equal rights and treatment. And no I have never been thru any divorce. I am happily married with kids. Its just a shame that in a day and age that shows some good signs of progress the importanat things still get overlooked.
TJ76t1

Davenport, IA

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#57
Jan 14, 2013
 
I also was paying for my children in cash to their mother every month until she got some bright ideas from her friends to try and hurt me more and take me through completely ridiculous court process! Not only did I miss alot of work to be present at these hearings but despite the fact that I had a receit book that the mother had signed every week infront of witnesses, the judge said that money was considered a gift because it had not gone through the "COURT" system!!! What a joke and a complete scam on any father. I'm also a veteran and get no assistance through them. I'm now fully disabled and according to the federal government " There is no job in the national economy that I could perform" because I have multiple disabilities and one is terminal. I find that yes men should take care of their kids but many mothers are hateful and just want to hurt. During the time I waited for my disabilities to get through court I fell behind because I could not work. Since I have been recieving disability my kids have been getting money. So my only question is can my taxes be taken or a certain percentage?
Good

North Hollywood, CA

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#58
Jan 16, 2013
 

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TJ76t1 The Money Was Cosidered A Gift? What Kind Of Joke Is That Bro! That's Ridiculas & Wrong! There Are Cruel People In This World! I Feel Your Pain Man & KNow What Your Going Through! Keep Your Head Up I'm Trying To Do The Same!
Beka

Oklahoma City, OK

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#59
Jan 28, 2013
 
I've been trying to find a more recent conversation about this. I'm a vet myself and have my two sons, but my ex has my daughter (different father.) My daughter wants or needs for nothing while my two boys struggle because I'm owed over $55k in child support. The kicker? I just recently got a 80% disability rating from the VA. I am still waiting on the Air Force to finish theirs.

Although Obama and Congress signed the Veteran's Benefit Protection Act of 2010 that protects a vets disability from any levy, lien, or so on as long as they did not waive any other benefits in order to keep it, states are STILL not adhering to it. I know this for a fact because I was behind due to not working for over 3 years due to my disabilities and they placed a lien on checking account that only receives deposits from the VA.

So, now my only route is to find a good attorney in order to stop their harassment. I mean, really? You're going to take my disability money that I gave my life and well being for, that also supports my two sons because your office won't help me find their father, and although I am owed over 60k in arrears, you're going to take money from our mouths to give to a man who, get this...DOESN'T EVEN HAVE OUR DAUGHTER!!

So, for some of the people making comments about dead beat parents, think long and hard before you sit at your desk and type such hateful things. If it wasn't for people like us vets, you wouldn't have to right to say anything at all. Go do your time and see what it's like afterwards. Then, you can complain all you want.
Beka

Oklahoma City, OK

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#60
Jan 28, 2013
 
◾Twentieth Congress under Session I Chapter LIII – An Act for the relief of certain surviving officers and soldiers of the army of the revolution.

Section 4 that the “pay under this act shall not, in way, be transferable or liable to attachment, levy, or seizure, by any legal process whatever, but shall inure wholly to the benefit of the officer or soldier entitled to the same by this act.” Approved, May 15, 1828 (From the Library of Congress)

States taking a veterans disability pay has been going on for forever. They don't care how jacked up you are or if you can even support yourself. To them, it's ok to throw the vet out in the street as long as we get his money.
answer

Mitchell, GA

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#61
Jan 29, 2013
 
Jennifer...u don't have to worry about not telling ocse...they already know. As a former case agent..we knew what your brother was receiving before he did.
Jennifer

Atlanta, GA

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#62
Feb 1, 2013
 
"Answer", when my brother's disability was approved, CSE did not know. And didn't know until later. WHEN HE TOLD THEM. I don't know what kind of case agent he has he/she could care less about doing things the right way. That I do know. And it's really a shame.
Jennifer

Atlanta, GA

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#63
Feb 1, 2013
 
Luckily, my brother's child support has been reduced by $1000 a month per court order by a judge. Now he can finally be able to have a life and live like a normal human being and still take care of his children. His ex wife will just have to "make do" like he has had to do for the past five years. I REALLY hate that she may not get her mani/pedi each week. Karma. We just love her.
answer

Mitchell, GA

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#64
Feb 1, 2013
 

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Jennifer, unfortunately you don't seem to understand that whatever you are begrudging your ex sister in law you are keeping from the children. It costs money to feed, clothe, and house them. Everyone else on here bashing the courts forget that if absent parents aren't taking care of their children, we as tax payers are. Bottom line.....work a few weeks in "the system" and you will see just how far people will go to avoid being responsible for their own actions.
Jennifer

Blackshear, GA

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#65
Feb 2, 2013
 
"Answer", Unfortunately I DO understand what my ex sister in law has done to my niece and nephew. Of course it costs money to take care of children, but I don't think it was very fair of the her or the "system" to take advantage of my brother. And that is exactly what they did for five years. She dictated when he could see them depending on how much child support he gave her. Thankfully a judge has seen past the previous BS order and has modified it. She can no longer try and manipulate the system. I can only assume that you thought my brother has not been taking care of his children, which has has been. He would pay the child support best he could before he would pay for food, housing, clothes, entertainment, etc. for himself. So don't think he was a dead beat, because he never was. His ex wife was and is all about the money and now she will no longer be able to use that against him. He can finally see his children like he is supposed to, every other weekend and holidays. His ex made his life hell and finally she is paying for it, so to speak. This isn't about begrudging his ex; this is about the system being FAIR.
answer

Mitchell, GA

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#66
Feb 2, 2013
 
Maybe people should stop and think about all this before they start having kids. Too bad that you have to have a license to go fishing but any idiot with the proper "equipment" can make a baby....they just never try to figure out how they and not the tax payers will pay for it. I'm done with this post...you can't beat sense into an idiot.
bring the pain

United States

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#67
Feb 3, 2013
 

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Jennifer wrote:
My brother is not a dead beat and wants to take care of his children. The fact of the matter is that he is a VETERAN and was injured during two tours in Iraq. Yes, he has a sorry ex-wife who refuses to hold a steady job and help contribute to supporting their children. What little money she does make is spent on her hair and nails, not the kids. However, the judge doesn't care about that. My brother is still trying to go to court for a modification and so far NO ONE has touched his disability pay, thank goodness. It's not much to begin with, but he is doing his best. Some of you that made the sarcastic comments about "manning up" and so forth... well, I'd like to see you join the military and fight for our country. Oh, that's right. You're too busy judging others on Topix to do that. My brother is a hero and if it wasn't for someone like him defending the freedoms of our great nation, some of you wouldn't be allowed to freely post whatever you want on forums such as this. So enjoy your freedoms, thanks to my brother and other Veterans just like him.
I agree with you. I'm a single mother soon to be a vet on disability as well. I'm unable to work too. They shouldn't be allowed to take that because that's all we have to live on and its not much.
what

New Alexandria, PA

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#68
Feb 20, 2013
 
U idiot.ima single dad bustn my ass while mom lays around collectn disability...grrrr
Sick and Tired wrote:
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.
been there

Calhoun, GA

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#69
Feb 25, 2013
 
Jennifer wrote:
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.
If he pays it through the CSE office then your brother was behind in his payments. Don't use the excuse of him being a vet because the military will make you take care of your children.
correction

Decatur, GA

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#70
Feb 25, 2013
 

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been there wrote:
<quoted text> If he pays it through the CSE office then your brother was behind in his payments. Don't use the excuse of him being a vet because the military will make you take care of your children.
Just wanted to let you know that a person does not have to be behind for ocse to take the case. Many courts prefer that ocse handle the case from the start since they are more versed on the laws than most attorneys, judges, and court systems since this is their one and only service.
Dad 101

Wright City, MO

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#71
Mar 18, 2013
 
I have a question for someone else can possibly answer. I have been a father for nine years. I have also not been late or miss a child support payment. I have recently had a transplant. I am now on disability. There has been many times that I was not able to hold a job due to health, And I always made my child support payment no matter what if I had a job or not. Every sense my daughter was born the judge has ordered me to pay one amount. And now that I'm on disability I am working a part-time job. They told me since I was working a part-time job as that would increase my benefits by a little bit. So therefore it increased my daughter's benefits as well. My daughters benefits has increased as well. With that in mind, My daughters benefits is more than what the court ordered. I have asked my xwife. If we could take that extra money that it has increased by and deposit it into an account for my daughter for college or whatever else she might need when she gets older. And my ex-wife said no that the money should go to her. So the question that I have. Since my daughter's benefits went up is that the new child support order? Or does it stay the same for what the court ordered? Would anybody happen to know the answers to my questions? Thank you for taking your time and reading this and helping me... Dad101
Jennifer

Baxley, GA

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#72
Mar 26, 2013
 
Dad 101, I am not sure about that. Seems like your ex would want to put the extra into a college fund for her.... I would seek the advice of an attorney. It's great that she is getting extra and you are too, but to be on the safe side I would talk to someone about the situation. It doesn't cost anything to talk to an attorney and get his opinion.

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