Military Pay Garnishment
Can military and VA disability compensation be garnished by credit card companies?These types of disability cannot be garnished as long as they are in separate accounts from other funds. If your disability is combined with other money, all of the funds in the account can be garnished. You need to ensure that your disability checks are set up in separate accounts. A garnishment can be attached to your disability, but during the hearing that is required before money is removed, you can explain that the money is protected. However, this will only work if the money in the account is set up for only military/VA disability.
How can a person serve an active military member with a garnishment proceeding?When trying to garnish a person's wages, you may need special instructions. The military is no different than civilian situations, with one exception. You need to contact DFAS if you are planning on garnishing military pay. Here is the address you will need; however, you may now be able to fax the information to the DFAS also.
Defense Finance and Accounting Services - Cleveland
PO Box 998002
You can learn more about this topic by going to the DFAS website.
For additional help, you can call 1-888-DFAS411.
In Mississippi, how can someone get child support garnishments on an active military member who is overseas?You will need to contact the Mississippi Division of Child Support Enforcement to begin the child support garnishment started. When you contact the MDCSE office, you need to apply for support enforcement services. There is an application fee of $25, and after the fee is paid, the state will take care of the entire process.
Online application for support enforcement services:
There are several ways that the MDHS can collect the child support for you. They can seek compensation through the person's income tax withholdings, tax offset intercept, unemployment compensation seizure, reporting to the credit bureau, suspension of the person's license, revoking the person's passport, contempt actions and court ordered employment.
Because the person is in the military, Mississippi CSE will file all paperwork and have the garnishment served to DFAS.
Can VA disability checks be garnished along with social security?Both of these benefits are protected from garnishment of any kind. Social Security Supplemental Income is considered 100% protected from garnishment, pursuant to 42 U.S.C. § 407. Your VA disability is also 100% protected from any form of garnishment, pursuant to 42 U.S.C. § 659(a) and (h).
Can the state garnish a person's military retirement if the person is incarcerated?There are a couple of factors to consider when the state is trying to garnish military retirement pay. The type of garnishment will play a deciding factor as well as if the account that holds the retirement pay is exempt or not. If the retirement pay is combined with other funds, that account will be subject for garnishment. However, if all retirement pay is in a separate account and marked as exempt, the funds cannot be garnished.
Being in the military can be stressful. Finding out that your military paycheck is being garnished can make your job more stressful. If you find yourself in a sticky situation and need to talk to someone with military insight, you can ask a Military lawyer for the answers to your legal questions about military pay garnishment. Experts can answer any question you have and can offer solutions to your individual situation.