Question:
I am an ex of a veteran, we are divorced, have been since 2013. We have 4 children, I have custody (he actually doesn't even visit with them) and he has been ordered to pay child support. He is $15,000.00 in arrears and keeps getting called to court for contempt doesn't show up and bench warrants are issued which take months for him to be picked up on. I know for a fact that he is still getting benefits through the VA based on having 5 dependents but our court in Doylestown PA will not recognize that he has this income. He refuses to work or works for cash and doesn't help my kids and me out. My question to you is how do I try and get child support from this check he gets every month? Thanks in advance.
Jim's Reply:
You'll want to file for an apportionment of his VA disability payment. VA disability can't be garnished in the usual way, you have to file directly to the VA with this form https://www.vba.va.gov/pubs/forms/VBA-21-0788-ARE.pdf You can then send the completed form (using certified mail) to:
V A Claims Intake Center
PO BOX 4444
JANESVILLE, WI 53547- 4444
Toll Free Fax: 844-531-7818
VA will contact him and require him to respond with a financial statement. From there VA will adjudicate your request and notify you of their decision. As a rule, if the veteran is non-responsive or far behind in the court ordered obligation, VA will begin to take an amount from his check and send it directly to you.