Can your VA disability benefits be garnished for child support?

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.