Child support can get complicated for veterans, especially when disability benefits are involved. Many veterans believe that because VA disability benefits are tax-free, they won’t be counted as income for child support.
Unfortunately, that’s not true. Here’s what veterans need to know about how these payments are treated by the courts.
Income
When courts calculate child support, they use a broad definition of income—and VA disability benefits fall into that category. Even though these benefits aren’t taxed or reported to the IRS, they’re still considered a source of income meant to support both the veteran and their family.
The U.S. Supreme Court has confirmed this, stating that VA disability benefits are not just for veterans but also for their dependents. Because of this, courts in most states will include disability payments when determining how much child support a veteran must pay.
Garnishment
Now, can VA disability payments be garnished to cover child support? The answer depends on a few factors.
In general, the government doesn’t allow state courts to garnish VA disability benefits for debt collection. However, child support is a key exception. Courts can sometimes order child support payments to be deducted from VA disability benefits, but there are limits.
If a veteran receives only VA disability benefits and no other income, those payments cannot be garnished. However, if they receive both military retirement pay and VA disability and have waived part of their retirement pay to receive additional disability benefits, the waived portion can be garnished.
Here’s a table to explain this more clearly:
| Income Source | Can It Be Garnished for Child Support? |
|---|---|
| VA Disability Benefits Only | No |
| Military Retirement Pay Only | Yes |
| VA Disability + Military Retirement (waived portion) | Yes (for the waived portion) |
Apportionment
Even if garnishment isn’t an option, there’s another process called “apportionment.” This allows the custodial parent to request that the VA allocate part of the veteran’s benefits directly to the child.
This ensures that child support obligations are met, even if the benefits can’t technically be garnished.
It’s also important to remember that even when garnishment isn’t possible, VA disability benefits are still considered income for child support purposes. The court will take them into account when calculating the total amount owed.
Legal Participation
For veterans dealing with child support issues, one of the most critical steps is to actively participate in the legal process. Failing to attend court hearings or ignoring legal notices can result in a default judgment, where the court sets child support payments without considering your situation.
By showing up and presenting your financial details, you can help ensure that the court issues a fair order. This can include explaining how much of your income comes from VA disability and detailing your financial needs.
Final Thoughts
Child support and VA disability benefits can create confusing legal situations for veterans. The key to managing these challenges is staying informed and engaged in the legal process.
By knowing your rights and responsibilities, you can ensure that your obligations are fair while protecting your financial future.
FAQs
Are VA disability benefits considered income for child support?
Yes, most courts consider VA disability payments as income for child support calculations.
Can VA disability benefits be garnished for child support?
Only in certain cases. Garnishment is possible if the veteran receives both military retirement and VA disability.
What is VA benefit apportionment?
Apportionment is when the VA allocates a portion of a veteran’s benefits to their dependents.
Can child support be deducted from military retirement pay?
Yes, military retirement pay can be garnished for child support.
What happens if I ignore a child support hearing?
The court may issue a default judgment, setting payments without your input.
