? about VA Disability and CSE

[Nextmother]

I am asking this for a friend who is a 100% disabled vetran. His ex wife has used his disablilities to prevent him from seeing his children for the past 7 years, claiming to the judge that my friend is 'crazy' and will hurt the kids just to get back at her.

My friend paid CS faithfully for 5 years without a court order until the last ruling from the judge 2 years ago. When he recieved that order, he stopped sending the CS due to be so hurt and frustrated with the system.

His X has now filed for CS and wants to take about half of his disability pay each month for the three kids.He has no problems paying CS, he just wants to be able to see his kids.

Our question is, can CSE legally attatch that money since it is the only income he has?

Thanks,

Nextmother

[socrateaser]

>Our question is, can CSE legally attatch that money since it
>is the only income he has?

If your "friend" is obligated under a court order for child support, and he hasn't paid, then the court can order him to pay up to 65% of his after tax income. Many states have a low-income hardship threshold, below which the obligor's income may not be garnished, but, when a person who has income fails to pay and falls into arrears, the court can have that person's assets (i.e., real estate, stocks, bonds, savings, etc.) seized and liquidated in order to satisfy the arrears.

It's very much like failing to pay your income taxes -- the court can even throw you in jail.

[Nextmother]

Okay, I guess I wasn't clear in what we are asking. :D

Since the money he recieves is VA Disability, Can CSE legally do a wage withholding on it?

That is what they are threatening to do, at the amount SHE claims is the correct amount. There is no arrears due to there having been NO order for CS ever! My friend paid for 5 years, just because he wanted to make sure he was covering his backside with the judge.

Our understanding of the VA is that it cannot be touched because of the way the law about it is written.

Thanks again,

Next

[socrateaser]

>Okay, I guess I wasn't clear in what we are asking.
>
>Since the money he recieves is VA Disability, Can CSE legally
>do a wage withholding on it?

The general principle regarding whether a governmental or insurance payment is income, that if the payment is compensation for a prior loss, such as with a personal injury lawsuit, or a payment awarded based solely on need, as is the case with state public assistance and SSI, then it is not income, otherwise it is.

The contrary example is unemployment insurance, which is income, because you are paying insurance premiums to receive income in the event of lost unemployment.

I'm not familar with the criteria for VA Disability benefits, so I can't really answer you. However, one thing is for sure -- if you don't file a motion challenging CSE's attempt to attach this benefit, then you will lose automatically.

[bananas]

VA disability payments are not garnishable/attachable.  CSE can't withhold from that money.

[Nextmother]

That is what we thought. Can they still use the amount he recieves to calculate his CS?

Thanks again!!

Next

[socrateaser]

>That is what we thought. Can they still use the amount he
>recieves to calculate his CS?

If the court finds that the benefit is in the nature of income, then yes, however, I doubt that this would be the court's finding.