Question:
I am custodial parent. Non-custodial parent has been awarded VA disability, is in arrears with child support $245,000 and sends me teasing messages constantly that I will never get child support now that he is 100% on disability with the VA and it cannot be touched. I have provided for 10 years as single parent, covering everything including medical with no help. Now that he is receiving compensation, I feel apportionment is validated. Can you advise? Can a court order to pay child support be garnished from wages of VA monthly benefit as it is considered income?
Jim's Reply:
VA disability payments are intended to replace earnings that would otherwise be subject to all the laws pertaining to divorce. In other words, VA disability is treated as income by the court and the amount is used to calculate any obligations. While VA disability money can't be directly garnished in a traditional sense, it can be apportioned. I'd advise you to first return to the family court where the divorce was finalized or to the court that currently has jurisdiction and seek a modification (an increase) of the current order. In many family courts you do not have to have a lawyer represent you, the clerk of court can give you the paperwork you need to file your case.
There you'll ask to have the court assess current financial status as well as to review the large payment you allege is owed. At this time, you can notify the court that you believe he has substantial added income from VA and that the obligation to you should be increased and the court will investigate that.
Contrary to what he believes, VA disability income is not protected in the family court and will be used to determine obligations.
When you've done that, and you have established your paper trail and you have all the financial facts and court orders, you can then file an apportionment request with VA.
As cumbersome as this process may sound, doing it in a stepwise fashion and crossing t's and dotting i's will save you fuss in the long run. File for a modification of the obligation, only then click here.