Can my ex-wife garnish myVA disability money ?

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Can my ex-wife garnish myVA disability money ?

We were married after I received my VA disability, SS disability and CSCR money. Can she get a court order to garnish any of these moneys?

Asked on October 1, 2010 under Family Law, Arkansas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

First of all, I will assume that we are dealing with the collection of alimony (spousal support).  In that case the answer to your question is, "possibly". Statutes governing benefit payments by the Department of Veterans Affairs do provide for processes by which dependents may obtain financial support from veterans' benefits under certain circumstances. However, the details surrounding such a garnishment can be rather complicated. It will depend on whether or not whether or not a VA disability pension can be considered to be "renumeration" for work.  SSD payments typically cannot be garnished except for taxes and child support.  Again this canall get rather complicated.  At this point you should speak to a family law or divorce attorney in your immediate area.


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