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Ed Johnson
Ed Johnson, International HR Consultant
Category: Legal
Satisfied Customers: 10760
Experience:  GPHR cer BS, U.S.C. Pueblo; Immigration Law by Am. Mngmnt Association & USCIS Bus. Liaison ofc 1999
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Can my Montgomery GI Bill or my disability from the VA for

Resolved Question:

Can my Montgomery GI Bill or my disability from the VA for an injury I sustained in Iraq be taken from for child support?
Submitted: 7 years ago.
Category: Legal
Expert:  Ed Johnson replied 7 years ago.

DearCustomer

I need to know what state the child support order is being submitted from?

FYI: The montgomer GI bill is not income for child support.

The disabilty depends on the state.

 

Best Regards

Ed Johnson, First Sergeant, U.S. A. (Ret)

Ed Johnson, International HR Consultant
Category: Legal
Satisfied Customers: 10760
Experience: GPHR cer BS, U.S.C. Pueblo; Immigration Law by Am. Mngmnt Association & USCIS Bus. Liaison ofc 1999
Ed Johnson and 9 other Legal Specialists are ready to help you
Customer: replied 7 years ago.
Texas
Expert:  Ed Johnson replied 7 years ago.

Tony,

Here is the description for how Texas handles child support. Unfortunately disability income is included.

Net income is calculated by subtracting only 5 items from the parent's gross income (gross income includes commissions, overtime pay, tips, bonuses, interest, dividends, rental income, royalty income, trust income, retirement income, disability income, etc.):

  1. social security taxes,
  2. federal income tax (based on the tax rate for a single person claiming one exemption),
  3. state income tax (for individuals who reside in states that collect state income tax),
  4. union dues, and
  5. health insurance premiums for the child(ren).

You may find this link useful:

http://www.dfas.mil/militarypay/garnishment/childsupportandalimony.html

By the way....Texas may try to take the Montgomery GI bill if you tell them about it. DO NOT voluntarily tell them. This is because they are not aware of the protections for that benefit. Your GI BILL is a benefit that is not income. It is not reportabel to the IRS on your income tax return.

 

Ed Johnson, International HR Consultant
Category: Legal
Satisfied Customers: 10760
Experience: GPHR cer BS, U.S.C. Pueblo; Immigration Law by Am. Mngmnt Association & USCIS Bus. Liaison ofc 1999
Ed Johnson and 9 other Legal Specialists are ready to help you
Customer: replied 7 years ago.
even though it is a federal disability? I heard from several people that it wasnt something that could be taken because it is a federal disability. And in the state certain disabilities can be taken from but if it is a government check then it is not able to be taken from.
Expert:  Ed Johnson replied 7 years ago.

DearCustomer

I had to dig deep on that one. It was a great followup question.

Texas includes all sourceds of income except for the GI bill and other allowances in order to determine child support. In regard to military disability and VA disability, the court may use this to the extend that it reduces expenses in helping to set your minimum child support paymets. However, with regard to child support enforcement. That is the garnishment of the wages or direct payment, The following income is specifically exlcuded. The regulation refers to these as income that cannot be intercepted.

So lets modify the answer to your original question.

1. Texas can use the amount of your VA disabilty to the extent that it reduces expenses to help determine child support., BUT

2. are correct, that it cannot be intercepted to pay child support.

www.acf.hhs.gov/programs/cse/pubs/2005/handbook_on_cse.pdf

If this link does not work, it is supposed to go to the PDF version of Federal Child Support Enforcement handbook. A very valuable resources that you will like.

NOTE: It is not the condition of being a government check. It is the condition of being the type of payment you receive.

The government check thing that you friends refer to comes from a thing called authorized payee. Persons who are not authorized direct pay are not authorized to receive a payment from a government check. But, former spouses are authorized direct payment. So this does not apply. According to the handbook, only the VA disability, montgomery GI bill, and payments designated by the federal agency administering the payment can exclude the pay from interception. Military Retired pay is a government check, but is attachable for child support, for example. I had missed that it was a VA retirement pay earlier. I apologize.

 

 

Ed Johnson, International HR Consultant
Category: Legal
Satisfied Customers: 10760
Experience: GPHR cer BS, U.S.C. Pueblo; Immigration Law by Am. Mngmnt Association & USCIS Bus. Liaison ofc 1999
Ed Johnson and 9 other Legal Specialists are ready to help you

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