Question:
Hi Jim, Thank you for your guidance. I am asking on behalf of a family member: the vet is currently being detained not tried or convicted in a Federal Detention center, he cannot get an attorney to help him with his divorce in PA since being taken into custody. I have tried. He needs a divorce. He wants her off his medical benefits. He has a child 6 years old - that he cannot see as the wife is refusing since he is in jail. We the family have been paying the child support because we don't want his benefit garnished. However, since she refuses to let us the family have visitation, we no longer want to pay the child support. He is 100% disabled, he said that he gave up a portion of the benefits approximately $700+/- in order to receive the disability payment. He tells us that if he falls 3 months behind in child support that she can get an apportionment of his benefits. Is this accurate? I am at a loss and don't know what to beli eve or who to ask? Please if you can guide me, it would be appreciated.
Jim's Reply:
Veterans who are incarcerated while receiving benefits will run into any number of options for their VA disability benefit money and financial obligations depending on the extent of the incarceration. Vets may find their benefits markedly reduced during time served but, as a rule, dependents will continue to receive benefits that are due to them. Apportionment of benefits to satisfy child support and alimony orders is a reality similar to garnishment although it isn't dependent on a time line of 3 months, there are other mitigating factors to be considered. That you've already been paying his obligations for a period of time could put you in a sticky spot legally if you suddenly decide to withhold financial support. You and your veteran are in a complex situation that is likely to become even more complex as the criminal justice system works. Ultimately each one of us as well as the system want to see that the child is cared for appropriately in spite of the errors being made by the adults. I'd offer that if you are financially able to do so, you can continue to make payments to support the welfare of the child...a relative of yours. While doing that you really need to speak with a veterans law attorney who can help you to determine the best options for the future.