Can I get child support if the father is on VA disability?
Can I get child support if the father is on VA disability?
VA disability benefits will not be garnished for alimony or child support payments until the veteran’s former spouse first elects to receive the apportioned share of it. When VA receives a claim for apportionment of a veteran’s benefits, it must gather evidence to decide whether to award the claim.
Can child support Take my VA disability check?
Your VA benefits are protected from being garnished to pay unpaid taxes and most creditors’ claims, but in certain circumstances, VA benefits can and do get garnished. If you fail to make alimony (spousal support) and child support benefits, the state can sometimes order your VA benefits to be garnished.
Can veterans disability payments be garnished?
Generally speaking, VA disability benefits can only be garnished if the individual who is receiving those benefits has waived military retired pay to obtain the VA compensation. In this case, only the amount of disability compensation that was paid in place of the military retired pay can be garnished.
Are ex wives entitled to VA benefits?
Federal law is very clear that VA disability benefits are not a marital asset. That legal guidance is found in the Uniformed Services Former Spouses’ Protection Act (USFSPA), which exempts VA disability benefits from being considered marital property.
How long do you have to be married to a veteran to receive benefits?
one year
Does Spouse income affect VA benefits?
The inclusion of spousal income would not result in a Veteran who is currently enrolled in VA health care being disenrolled.
How Much Does VA disability pay for spouse?
VA Compensation Rates: 30% – 60% Without Children
| Dependent Status | 30% Disability | 40% Disability |
|---|---|---|
| Veteran with Spouse and Two Parents | $577.35 | $817.77 |
| Veteran with One Parent (no spouse) | $483.35 | $691.77 |
| Veteran with Two Parents (no spouse) | $525.35 | $747.77 |
| Add for A&A spouse (see footnote b) | $48.00 | $64.00 |
Will I lose my military benefits if I remarry?
Military rules make it clear that when an ex-military spouse remarries, the non-monetary benefits he or she retained from her former service member spouse go away. Under most circumstances, a remarriage will not change how or if an ex-spouse continues to receive a portion of the military pension.
