I'm a single mom of 2 kids. Their biological father owes me quite a bit in back support. He has told me that he is going for his Veteran's benefits from the Army Reserves (which if he gets I know my kids can collect off of) However we are not in agreement about weather the support enforcement unit can garnish his first check from VA (the one where they retro active back to the day he filed) so my question is, can they garnish that big check to get my back support for my children?
2007-10-10 08:26:17 · 4 answers · asked by bannasmom1 2 in Politics & Government ➔ Military
not without a court order stating he is in arrears for child support.
2007-10-10 08:39:40 · answer #1 · answered by Mrsjvb 7 · 0⤊ 0⤋
A lot will depend on your state law. Also you didn't say what the "benefit" is. If it is for disability, you probably can't touch it because it doesn't count as income. He is also probably telling you that he is entitled to much more than he actually is. I retired (25 years) and am rated at 70% disabled. That comes out to about $600 a month and is determined by base pay average and how many years I put in. He may be looking at 75 bucks a month and it takes from 12-18 months to get an answer. In the mean time it wouldn't hurt to go to the VA.GOV web site and look around for a phone number to the pay and benefit dept. Then start making calls and explaining the situation until you find the person with the right answer. Or start with the "friend of the court" or whatever it might be called where you live. Good luck!
2007-10-10 16:05:27 · answer #2 · answered by bmcbrewer 3 · 0⤊ 0⤋
Yes they can and in the mean time get a warrant out for his arrest for being a dead beat dad.
2007-10-10 15:36:13 · answer #3 · answered by ? 6 · 0⤊ 1⤋
yes. go to the support enforcement place yourself, without him and have them file for it.
2007-10-10 15:34:44 · answer #4 · answered by Jay Bird 2 · 1⤊ 1⤋