Child support from disabled veteran

Angela922

New Member
Jurisdiction
Illinois
My son who is 6 years old his dad works for the u.s. Postal Service I took him to court for child support and he immediately stopped working he didn't quit or he was not fired but he just stopped working claiming that he was fired however he has yet to bring proof to court that he was fired. When I filed I included the money that he gets for being a disabled veteran however the VA never disclose the amount and the court went off of what he said which was $100 a month which he gets about $1,800 a month from that so by him not working he still able to support himself off of that money me while I'm not getting any child support. Our son has been diagnosed with autism and I really need help financially for therapy and anything else that comes up and I'm at a loss on what to do. I feel that if I can tap into his disabled veteran money he'll decide to go back to work. But I have no clue as to how to do that or what to do at all.
 
He should be at 80 by now or more. I read about apportionments not to take directly away from his money but I read child support can be had through that.


If you want to peel this onion you can hire a lawyer, or work with this agency in yoru state which purports to assist a parent in your predicament for free:

https://online.hfs.illinois.gov/online/entry-flow.htm?execution=e1s1

Contact the agency and see if you can get their assistance in cracking this egg.

I'm not saying yes or no, I am only saying these folks can give you more precise information for FREE, or a small fee.
 
My son who is 6 years old his dad works for the u.s. Postal Service I took him to court for child support and he immediately stopped working he didn't quit or he was not fired but he just stopped working claiming that he was fired however he has yet to bring proof to court that he was fired. When I filed I included the money that he gets for being a disabled veteran however the VA never disclose the amount and the court went off of what he said which was $100 a month which he gets about $1,800 a month from that so by him not working he still able to support himself off of that money me while I'm not getting any child support. Our son has been diagnosed with autism and I really need help financially for therapy and anything else that comes up and I'm at a loss on what to do. I feel that if I can tap into his disabled veteran money he'll decide to go back to work. But I have no clue as to how to do that or what to do at all.

If he stopped going to work he's not going to get paid. If it's been some time since he went to work he got fired. They can take child support out of his disability.

Call a lawyer. That's their job is to advise you on the law.
 
You can't tap into a VA disabilitiy..... It can't be touched. Do you know what % of disability he is drawing?

Your VA benefits are protected from being garnished to pay unpaid taxes and most creditors' claims, but in certain circumstances, VA benefits can and do get garnished. This is because the purpose of VA benefits is to provide support not just to a veteran, but to his or her family.

If you fail to make alimony (spousal support) and child support benefits, the state can sometimes order your VA benefits to be garnished. This can be done because Congress specifically set out in Title 38 that VA benefits are intended to be used to provide support for dependents. The amount that can be garnished will vary based on how many dependents you have to support.

However, your VA disability compensation cannot be garnished at all unless you waived part of your military retired pay in order to receive VA disability benefits. In other words, if you waived part of your taxable military retirement to receive nontaxable disability compensation, your disability benefits can be garnished to meet alimony and child support obligations. Only the amount of the disability compensation you were paid in place of retirement pay can be garnished. The remainder of your disability compensation is protected.
 
Your VA benefits are protected from being garnished to pay unpaid taxes and most creditors' claims, but in certain circumstances, VA benefits can and do get garnished. This is because the purpose of VA benefits is to provide support not just to a veteran, but to his or her family.

If you fail to make alimony (spousal support) and child support benefits, the state can sometimes order your VA benefits to be garnished. This can be done because Congress specifically set out in Title 38 that VA benefits are intended to be used to provide support for dependents. The amount that can be garnished will vary based on how many dependents you have to support.

However, your VA disability compensation cannot be garnished at all unless you waived part of your military retired pay in order to receive VA disability benefits. In other words, if you waived part of your taxable military retirement to receive nontaxable disability compensation, your disability benefits can be garnished to meet alimony and child support obligations. Only the amount of the disability compensation you were paid in place of retirement pay can be garnished. The remainder of your disability compensation is protected.

The first part is talking about a veteran that has retired. So they draw a VA retirement check. It can be garnished.

Any VA disability can't be touched..... Unless the person mixes VA retirement/ VA disability together. So lets say a retired vet gets full retirement. They also get 20% disability for a injury. They can elect to have 20% of their retirement not taxed. This can be touched..

Now..... Lets say a veteran is rated at 80% disability. Yet they are NOT retired nor or they drawning any other pay from the VA. That amount can NOT be touched for ANY thing nor is it taxed.

Make sense... It can be confusing....
 
The first part is talking about a veteran that has retired. So they draw a VA retirement check. It can be garnished.

Any VA disability can't be touched..... Unless the person mixes VA retirement/ VA disability together. So lets say a retired vet gets full retirement. They also get 20% disability for a injury. They can elect to have 20% of their retirement not taxed. This can be touched..

Now..... Lets say a veteran is rated at 80% disability. Yet they are NOT retired nor or they drawning any other pay from the VA. That amount can NOT be touched for ANY thing nor is it taxed.

Make sense... It can be confusing....

Interesting.
 
Back
Top