Question:
Hello, I am a retired Army soldier with 100% disability. Can my disability benefits be garnished? I have asked several different people and there are several answers out there. Can you help me with what is true or point me in a direction that might have the correct answer? Respectfully.
Jim's Reply:
No, your disability benefits can't be garnished in the traditional sense. This means that creditors (auto loans, etc.) who you owe money to can't garnish the benefit as if it were a paycheck.
However, the money may be taken by the government to satisfy debt to the government (IRS, student loans, etc.) and the benefit money may be apportioned to pay child support and alimony if you've fallen behind. The term "apportion" means much the same as garnish so the end result is the same, your money can be used to pay court ordered family support obligations.