I am a combat disabled veteran facing a child support order. Is my ex-wife entitled to child support and alimony from my V.A. disability and Social Security disability income?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though.
There are really two issues in your question:
1. Whether a court may seize your benefits for support; and
2. 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 child support laws should contain a list of income sources the court may consider to determine a child support award. Where I practice law, veteran’s, 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.
To fully advise you on your situation, a complete understanding of your situation is necessary. I recommend contacting a family law attorney to review your case.