Can veterans disability payments 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 disability payments marital property?
SSDI and SSI benefits are awarded special protection from certain civil proceedings under the Social Security Act (“Act”). The Act states that disability benefits are not subject to “levy or attachment.” The majority of state courts have interpreted this to mean that SSDI benefits are not marital property.
Is Social Security Disability divisible in divorce?
Under federal law, Social Security benefits may not be divided as community or marital property upon divorce. Unlike other assets, a person does not “buy” Social Security benefits or otherwise acquire them in a transaction.
Is my ex wife entitled to my Social Security disability?
If you are divorced, your ex-spouse can receive benefits based on your record (even if you have remarried) if: Your marriage lasted 10 years or longer. Your ex-spouse is unmarried. You are entitled to Social Security retirement or disability benefits.
Is disability considered income in a divorce?
When calculating alimony, SSDI payments are considered income, while SSI is not. VA disability benefits may not be considered when dividing marital property. In any case, VA benefits are considered income when determining support obligations.
Do I have to report my divorce to Social Security?
No, the Social Security Administration will not notify your ex-spouse that you are receiving the benefit.
What happens if my ex husband dies?
If your ex-spouse has died, you may collect Social Security survivors benefits, which follow different rules than those for a living ex-spouse. You can apply for benefits as early as age 60. And if you remarry after you reach age 60 (or age 50 if you are disabled), you will still be eligible for survivors benefits.
