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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 99982
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I was told my disability from the government Veterans issues

Customer Question

I was told my disability from the government for past Veterans issues was not touchable by child support at all, what are the applicable statuates please
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note:
(A) This is general information and is not legal advice. No specific course of action is proposed herein. No attorney-client relationship or privilege is formed by speaking to an expert on this site. This is repeated in numerous disclaimers throughout the site. By continuing, you confirm that you understand and agree to these terms; and (B) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
I am sorry to hear about this situation. Please tell me exactly which benefits you are receiving, since different programs have different rules.
This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.
I am looking for a response to my question please
Expert:  Ely replied 1 year ago.
Hello,
I am guessing you did not see my information request. I had said:
"Please tell me exactly which benefits you are receiving, since different programs have different rules."
This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.
disability for PTSD
Expert:  Ely replied 1 year ago.
Thank you. I am guessing these are benefits via the Compensation and Pension Service within the Veterans Benefits Administration.
On this website, I do not always get to give good news, and this is one of these times. I understand that hearing things less than optimal is not easy, and I empathize. Thanks in advance for not "shooting the messenger."
Veterans benefits do have some protection from ordinary creditors, but not from familial obligations, which includes child support if not paid.
VA disability compensation received in lieu of waived military retirement pay may be garnished in order to satisfy ordered child support and alimony obligations. Under Title 38, it states that VA benefits are intended to be used to provide support for dependents, and may be garnished. See here.
Please note: If I tell you simply what you wish to hear, this would be unfair to you. I want to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.
I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.
Customer: replied 1 year ago.
I get a hundred percent disability from vetrans administration for ptsd which means I have issues with stress and the skills that make me unemployable. I am unmarried and my former dependent is now 31 years old
Customer: replied 1 year ago.
What would you suggest
Expert:  Ely replied 1 year ago.
Hello,
If you have any unpaid child support, then the VA benefits may be garnished for this.
If there are no unpaid child support, then nothing may be garnished. If there is no order for child support, then if the child is already 31, it is simply too late to get any child support.
What would I suggest? Well, that depends on the issue above but honestly, if there is unpaid child support, there is little that one can do to stop them from being garnished if the other party moved to do so.
Thank you again for not shooting the messenger, in advance.
Gentle Reminder: Please, use the REPLY or SEND button to keep chatting, or rate positively and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 1 year ago.
how do I cancel this service, the address is not available since they require the cancellation to be in writing.
Expert:  Ely replied 1 year ago.
Which service? Do you mean JustAnswer?
Customer: replied 1 year ago.
yes they are the one on my receipt
Customer: replied 1 year ago.
Also FYI I was also told the IRS cannot touch this income
Customer: replied 1 year ago.
Either I am getting some bad advise although it comes from the VA itself or we are not playing on the same page
Customer: replied 1 year ago.
In addition my dependent at the time of my receiving my award of disability was an adult so according to the title 38 I am exempt as she is no longer my dependent I believe is this wrong.
Customer: replied 1 year ago.
I was also single at the time of my award
Customer: replied 1 year ago.
I have been paying for 16 years on time now they want to increase the amount to be paid so now what.
Expert:  Ely replied 1 year ago.
Hello,
Well, you are getting bad information, but not from me. Veterans benefits are subject to attachment up to a point for due child support. The website I had supplied (here) reflects this as well. But I am not going to argue with you.
If you want to discuss your billing, you can do by contacting customer support at www.justanswer.com/help
Meanwhile, I will opt out of this question to see if any other experts have other opinions.
Customer: replied 1 year ago.
thank you