Question:
Can North Carolina Child support garnish VA disability? I have no income.
Jim's Reply:
No, VA disability can't be garnished in the usual way by attachment from a court order, etc. However, VA disability money is supposed to be used in the calculations of your monthly total income and that figure is used to set your child support obligation. If you don't pay the child support, then the ex can go to VA and ask for an apportionment...much the same thing as garnishment. If you haven't been paying the court-ordered amount, VA can make up for that by deducting the money from your disability pay and giving it directly to your ex. It's easier to find some way to meet the obligation, exactly what the court intended.