I am a combat-disabled veteran. I currently receive income from VA disability as well as Social Security disability.
I’m wondering if my ex is entitled to child and spousal support from either my veteran’s disability or from the Social Security Income?
I do not practice law in your state. Therefore, I cannot inform you as to the specific laws of that state and can only provide you with general tips on divorce. I would also advise you to refer your question to your local VA office.
There are really two issues in your question. You need to know whether a court may seize your benefits for support and whether a court can consider your benefits for setting support.
In general, the court cannot garnish your benefits directly because they are expressly excluded from garnishment under the federal code.
That does not mean, however, that the court cannot consider them as part of your income available for support. Your state’s laws should contain a list of income streams the court may consider to determine a child support award.
In many jurisdictions, veteran, military and disability income can be considered when determining your gross income and, by extension, your child support order.
If that is the case in your jurisdiction, the court may not be empowered to directly take your benefits, but it could craft other remedies to ensure payment.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Wisconsin divorce lawyer Dan Exner, contact Cordell & Cordell.