Family Law Questions? Ask a Family Lawyer Online.
I was in the military, and I believe it was around $3,100, I dont have any "income" now, I get my VA Compensation in the amount of about $1700 a month, plus $150 for my child. I contacted OCSS, Oklahoma child support services, it is a division of OKDHS, I believe. I get sent around to different people everytime I call, so I gave up calling them.
My child support was set at $450 a month, but I have not made that much a month since that day, once I was divorced my pay changed, and I have contacted them over the years and they tell me that my pay decrease doesnt matter.
And now they had a child support hearing here in wichita that they never told me about to state my case and sent me a letter stating what I had previously said.
I am a 90% disabled veteran and am not able to work, so my sole income is the VA Compensation, I had a set amount for child support, OK, that we $450, I think you state, right?
but contacted oklahoma regarding my leaving the military and the change in my income, they said it doesnt matter and that the amount I was paying I will have to still pay or be garnished. This is TRUE, because unless and until you file a motion to modify that child support with your Family Court - the one that had jurisdiction last, over your divorce or custody case. So, I'd file that tomorrow.
I now live in Kansas and got a letter stating that I owe back child support, Yes, if you haven't paid on the OK order, and haven't gotten it modified or terminated, that is typical.
that I could not pay, and that it can be garnished, is that possible?Yes, if it meets certain criterial, your VA payments can be garnished - so check the statutue I provide below. You MUST immediately file a Motion in your OK court, asking for a Modification of Child Support based on a material change o circumstances, namely, your drop income in 1/2, that is not voluntary, but due to disability. Use your VA award to support the contention that you are disabled and tax records to show that that is all the income you have, but be prepared to show the medicals that the VA had when it decided you were disabled.
Optional Information: State/Country relating to question: Kansas Already Tried: I am trying to contact lawyers to help me because I was never told of the child support hearing here in kansas, It is likely out of OK - and Kansas is required to enforce it..... moving doesn't allow us to escape the CS order.
and have tried to contact Oklahoma child support division but have been blown off Yes, you need to make that motion (request for reduction) to the Family Court. You are asking that they reset CS based on your new lower income AND the fact that your child is receiving income from your disability of $150/mo, so you want that considered as per OK law.
I was in the military, and I believe it was around $3,100, Income then.
I dont have any "income" now, Yes, you do. Income means, "in coming money".
I get my VA Compensation in the amount of about $1700 a month, plus $150 for my child. That is income.
I contacted OCSS, Oklahoma child support services, it is a division of OKDHS, I believe. I get sent around to different people everytime I call, so I gave up calling them. So utterly frustrating, I know
My child support was set at $450 a month, but I have not made that much a month since that day, Not from working but you still have income. The question is, can that income be garnished for CS.
once I was divorced my pay changed, and I have contacted them over the years and they tell me that my pay decrease doesnt matter. That is right, you MUST ask the Court to change the order - that is the Court's jurisdiction. And pay decreases DO matter if they are not wilfully sought out. It is too bad the OK staffers couldn't tell you that at least. So rude.
And now they had a child support hearing here in wichita that they never told me about to state my case and sent me a letter stating what I had previously said. You may want to consider filing a Motion to Vacate any Order out of that court, based on lack of due process being provided you so you could be "heard."
Now, here is the important part: Is this VA Income garnishable? Some VA benefits are NOT garnishable. Look at the bold underlined, below:
"QUESTION 7: Are Veteran benefits subject to garnishment?
RESPONSE 7: Certain benefits are subject to garnishment including periodic benefits (including a periodic benefit as defined in section 228(h)(3) of the Act) or other payments by the Secretary of Veterans Affairs as compensation for a service-connected disability paid by the Secretary to a former member of the Armed Forces who is in receipt of retired or retainer pay if the former member has waived a portion of the retired or retainer pay in order to receive such compensation. Regulations under 5 CFR §581.103(c)(7) indicate that in such cases, only that part of the Department of Veterans Affairs payment that is in lieu of the waived retired pay or waived retainer pay is subject to garnishment. Thus, if your VA disability benefit is really "retired or retainer pay AND you'd waived a portion of the retired or retainer pay in order to get that compensation, then that part can be garnished, but otherwise it can not.)
In addition, as stated in 5 CFR §581.104(b) payments or portions of payments made by the Department of Veterans Affairs pursuant to sections 501–562 of title 38 of the United States Code, in which the entitlement of the payee is based on non-service-connected disability or death, age, and need are not subject to garnishment. Furthermore, 5 CFR §581.104 (f) indicates that education and vocational rehabilitation benefits for veterans and eligible persons under chapters 30, 31, 32, 35, and 36 of title 38, United States Code, and chapters 106 and 107 of title 10, United States Code are not subject to garnishment." http://www.acf.hhs.gov/programs/css/resource/garnishment-of-federal-payments-for-child-support-obligations
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).