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EMJ1219, Army First Sergeant (RET)
Category: Military Law
Satisfied Customers: 10760
Experience:  Army First Sergeant: military sourced training in UCMJ, Status of Forces Agreements, D&A, etc.
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If I am deemed medically unfit to work in my present ...

Customer Question

If I am deemed medically unfit to work in my present profession by my doctor and I am currently enrolled in the Veteran's Administration Vocational Rehab program, but not working, am I still obligated to pay child support at the amount I was paying when working full time?
Submitted: 8 years ago.
Category: Military Law
Expert:  EMJ1219 replied 8 years ago.

Dear XXXXXy,

Thank you for the question. Because this is about military and veterans pay and what is garnishabel or not from that, i had your question transfered to Military Law where I can more effectively provide an answer.

Generally, military disability and veterans disablilty pay is not garnishable for child support, except to the extent that the disability pay offsets retired pay.

So for example, a simple scenario could be:

1. If you were retiremetn elegible, and retirment pay was 1200 dollars per month, but

2. disability was 800 per month, then the 400 a month could be garnished for child support if you elected to take 1200 a month disability in lieu of retirment pay.

If you were not retirement elegible, then none of the disability pay is garnishable.

If you are not earning va pay, what is the source of your income?

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