VA Disability, Divorce, Child Support, Alimony, Garnishment & Apportionment

VA Disability, Divorce, Child Support, Alimony, Garnishment & Apportionment

Learn the special rules surrounding Veterans’ VA disability benefits in divorce, asset and debt division, child support, alimony, garnishment, and apportionment. Join us for CCK LIVE today as we discuss how VA disability benefits work with these different concepts. Leave us a question or comment below!

READ the blog post here: https://cck-law.com/blog/va-disability-benefits-divorce-child-support/

Table of Contents:
0:00 Introduction
2:43 Are VA Disability Benefits Considered an Asset in Divorce? Military Retirement?
4:14 What is Garnishment? Can VA Benefits be Garnished?
5:45 How Does Garnishment Work?
7:15 Child Support, Alimony, and VA Disability
10:04 Garnished Benefits: Spouse Must File for Apportionment
12:35 Why Apportionment Could Get Denied by VA
14:04 What Happens After Someone Files for VA Apportionment?
15:00 How to Fight Apportionment
15:55 Apportionment in Case of Incarceration
17:12 Tips from CCK’s Veterans Advocates

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21 Comments

  1. Some of this information is not correct. Apportionment is not allowed unless you are a dependent. Apportionment for alimony if of a former spouse is not allowed. There are multiple cases in va case law that confirm this. The reason for this is that a former spouse is not a dependent. You must be a dependent to file for Apportionment.

  2. Thank you for this. I am 100% service connected disability and a 20 retiree. My wife decided to file for divorce and I am worried about how much I may potentially lose. I have an attorney but it is still very worrisome.

  3. Even if you have a letter from the VA saying the garnishment is illegal and the veteran is facing financial hardships, they will still garnish it all. The best thing veterans can do is get charities to pay rent and buy food from the semper fi fund or other charities. As long as you are divorced with a child, they will garnish 100% of your va disability compensation and ssdi.
    I’m quoting judge schoenig in Kansas "federal laws do not matter in state Civil court"

  4. How about he signed paternity papers he’s never seen her she’s 13 he was only ordered to pay his $38 in child support they ended up taking him to court for contempt because he hadn’t paid. I filled out the apportionment papers in March of 2019 no one really got back to me I had to keep calling finally somebody calls me in the middle of covid and I’ve been on medical leave and said to send something in that I’ve already sent in and then I could not fax it cuz covid everybody was trying to get the things and they said sorry denied I didn’t want to send anything else in because I wanted back pay from that he’s never paid harassment in her life am I supposed to have somebody help me

  5. We hope you find this information helpful! Thank you for watching with us!

  6. The family court judges don’t care if you’re homeless. If you end up homeless due to garnishment, they’ll use that to take away visitation and charge you more child support, even if they’re taking it all already.
    I was literally told to work when I couldn’t walk so this whole video is nothing but wishful thinking.

  7. A judge can choose to ignore all your submitted evidence and bar you from being able to file or submit evidence, forcing you to get a lawyer, who will also not change any outcome yall are talking about. It all gets taken. They take what they want.

  8. Everything will be seized. Since they can’t garnish your disability in transit to your checking account, they will seize your bank accounts. If you opt to use the direct express card you’ll be charged with a felony for not paying and or will hold you in jail until it’s all paid, after 90 days in jail you lose all your disability and will have to restart your claim process from the very beginning.
    The word "reasonably garnished" is a lie. They will take it all.

  9. If you’re incarcerated for more than 90 days you lose all but a small portion of your disability, your child support doesn’t change.

  10. Rose v rose has since been nullified and basically what this woman is stating is lawfully wrong of what federal law says. Look into tucker Carlson to find out the laws.

  11. Reality check. Nothing is protected and will be taken.
    If you’re injured in combat and are 100% disabled, it will all get taken for child support.

  12. No they can’t because the reason why we get $38 was because that was the only income that they can touch $38 doesn’t fill your tank

  13. There is no law that trumps a judge saying "best interest of the child". Judges can garnish whatever they want.

  14. The way the law works vs the reality of child support are so completely different. Doesn’t matter what the law says, if you’re a disabled combat vet everything gets taken. Tax returns, ssdi back pay, VA disability comp, and they will take tens of thousands more than you’re ordered to pay no matter what a lawyer says.

  15. So, I have a situation about this. I have my whole disability check being taken to pay back the what Navy gave me a severance check. even though I continued my career in the navy to retire at 20. and we are still in Covid-19 situation,they didnt bother to take that in consideration before making a judgement. so, their gonna take the whole check for 18 months to satisfy that payback.

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