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Can your VA disability benefits be garnished for child support?


Blog Category:
11/26/2009
Advocate for the Disabled
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At LaVan & Neidenberg we want to keep you informed.  One topic that comes up again and again with our clients is that of alimony and child support. 

Many disabled veterans want to know if their VA disability compensation can be garnished for child support and alimony

The answer is yes, courts can and do write orders to garnish your disability benefits.  However, the garnishment must meet very strict and specific guidelines.

For example, the maximum amount that the Defense Finance & Accounting Service (DFAS) will garnish, outlined in 5 CFR §581.402, is the following:

  • 50% if the service member is providing more than half the support to other dependents not covered by the order.
  • 55% if the service member is providing more than half the support to other dependents not covered by the order, but has a support arrearage.
  • 60% if the service member is not providing more than half the support to other dependents not covered by the order.
  • 65% if the service member is not providing more than half the support to other dependents not covered by the order, but has a support arrearage.

To learn more about the possibility of garnishments affecting your VA disability benefits please click here to read our extensive library article on the subject. 

If you need help understanding any portion of your veterans' disability claim, denial or disability rating please do not hesitate to contact our experienced attorneys today



Category: Veterans' Disability


2 Comments to "Can your VA disability benefits be garnished for child support?"

is va disablity included in annual income when calculating child support. In Texas.
Posted by janina on March 10, 2010 at 03:59 PM
can my service connected compensation check be garnished for back support or my bank account be garnished?
Posted by Jackie Legere on February 7, 2010 at 03:39 PM

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