Question:
My children's father is an Army veteran that receives VA disability at a 100% rating. We divorced in December. He is physically able to work and does so sporadically. The judge in our divorce signed off on me receiving child support through his VA check each month due to him not holding a job. The child support services in our state (Kansas) say they legally cannot withhold from any type of VA disability or retirement. He is not willing to make the payments on his own either. Is there anything I can do through the VA or anyway the VA can withhold from his check? I will also tell you the kids and i are still considered dependents on his disability. Thanks so much.
Jim's Reply:
The VA disability check paid to veterans for their service connected disabling conditions can not be garnished like a paycheck can. However, the amount the veteran receives is considered to be income and is used in the calculations made by the court to determine child support and alimony obligations. Once the court orders child support or alimony, the party is then obligated to make timely payments or suffer penalty for ignoring an order of the court. Your state child support enforcement services is the first place to turn for enforcement of existing orders. You can contact the clerk of court to help you with that effort. Ultimately if the child support isn't being paid, you are able to seek apportionment of his of his disability check by filing the appropriate forms that you'll find here.