In terms of disability and child support, a court will take into consideration the different types of income that you receive while determining your monthly child support payment obligations. VA disability benefits are included as income.
Courts may also allow garnishment of your veterans’ disability benefits, in the case that you fail to make child support payments. Generally, VA disability is not considered for garnishment, and the payments are only allowed to be sent to the veteran him or herself. However, in the case of unpaid child support, the court may make an exception. In such cases, the court may allow the payments to be taken out of your check.
Apportionment is the term used when a payment is taken directly from your check and given to the custodial parent. If your ex has applied for an apportionment of your child support payments, get in touch with a family lawyer immediately.
Exceptions to Benefits Garnishment for Veterans
Many veterans, especially those who are currently dependent on disability benefits as their only source of income, are often anxious because of the threat of wage garnishment if they're unable to make child support payments.
You may have an exception to garnishment if you meet one of the following qualifications.
- Disabled
- Elderly
- Your income is so low that you will face a significant financial hardship if your wages are garnished
Repercussions for Failure to Pay Child Support
Financial survival after divorce can feel like an all or nothing game. But failure to pay child support is a serious charge. Your ex could file a motion for contempt of court if you don’t comply with a child support order. If a court finds you in contempt, it could impose jail time on you.
Your spouse can make use of wage garnishment, apportionment, and other legal tools in order to recover child support from you, even if this means extreme financial hardship. Speak to a family law lawyer about what you can do in a situation like this. Call attorney Molly B. Kenny at 425-460-0550 to discuss your case.
