Wednesday, May 25, 2022

Can My Veterans Disability Payments Be Garnished

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How Are Social Security Benefits Affected By Va Disability

Can my Disability benefits be garnished for unpaid student loans?

VA benefits are classified by the Social Security Administration as unearned income that does not come from a paying job. Under this rule, if your VA disability pay is $250, minus the $20 general exclusion, your SSI benefits would be reduced by $230. SSDI Payments Are NOT Affected By Your VA Disability Payments

Programs For Homeless Veterans

VA’s specialized programs for homeless Veterans serve hundreds of thousands of homeless and at-risk Veterans each year. Independently and in collaboration with federal and community partners, VA programs provide Veterans with housing solutions, employment opportunities, health care, justice- and reentry-related services and more. Learn more about these programs at VA Programs for At-Risk Veterans and Their Families.

Veterans who are homeless or at imminent risk of becoming homeless can call or visit their local VA Medical Center or Community Resource and Referral Center where VA staff are ready to help. Many CRRCs offer free tax preparation services. VA and other organizations work together through neighborhood Stand Downs to help Veterans who are homeless. The IRS attends many Stand Down events and provide services such as help with IRS letters, notices and levies on wages or bank accounts as well as free tax preparation. Also, the Taxpayer Advocate Service often attends to ensure that every Veteran is treated fairly.

Can Private Disability Payments Be Garnished

Chloe Meltzer

Summary: Debt collectors have many ways to collect what you owe. But can they take your private disability payments? Find out what income and assets are protected here.

Anyone that is being sued for debt may know that wage garnishment is the result of having a judgment placed against you. If you are receiving disability benefits or Supplemental Security Income from Social Security, this may be your only source of income. If you are wondering if private disability payments can be garnished, they can. Although social security and disability benefits are protected, private disability payments are not.

It is good to note that some issues can arise if “exempt” benefits are mixed with other kinds of income. You will need to educate yourself and make sure you take proper steps to protect your private disability payments.

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How Garnishment Affects Louisiana Specifically

Non-taxable disability compensation has been falsely assumed to be a benefit only to the individual veteran, not their dependents. With the high divorce rates in Louisiana, the state encounters a lot of child support cases. This bill will force legislation to ensure the financial stability of a veterans family after divorce, regardless of the veteran’s emotional attachment to the family after. Of course, there is opposition to taking any earned wages from veterans, largely based on the idea that only those that serve deserve to reap the profits. Marriage and children, however, are a commitment. It is a parent’s duty to provide for their children and financially support their spouse.

Alimony & Child Support Obligations

Can VA disability benefits be garnished?

According to a U.S. Supreme Court case, Rose v. Rose, 481 U.S. 619 , state courts can enforce a child support order against a disabled veteran even if the only funds available to the veteran are VA disability payments. This ruling determined that the VA intended disability benefits to be used to support the family when the veteran could no longer due to their service-connected disabilities. Therefore, in Rose v. Rose, the court deemed that child support payments and alimony could also be paid from VA disability compensation.

While disability compensation can never be considered a marital asset and divided up between divorcing spouses, former spouses entitled to state ordered alimony may receive an amount based on the combination of the veterans income including his VA disability benefits.

Garnishment to a former spouse would be denied if:

  • The garnishment was to cause undue financial hardship
  • If the veterans former spouse or child has not filed for apportionment
  • If the former spouse is living with or married to another person
  • If the former spouse was found by state court to have been guilty of infidelity
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    I Need Help Fast My Ex

    When a military retiree elects VA disability compensation, and he or she has a VA rating of less than 50% or else has Combat-Related Special Compensation, this election decreases the share of the military pension which is available for division, known as disposable retired pay. When there is a military pension division order which is paid out through the military retired pay center, then that means a drop in the money which the former spouse gets.

    Whether the former spouse has a remedy in court depends a lot on the circumstances. You cannot get the judge to require the ex-husband to indemnify you if there is no prior requirement for indemnification, either in a written agreement or in a prior court order. The U.S. Supreme Court ruled on that issue in Howell v. Howell, decided May 15, 2017. So when theres NO previous agreement or order requiring indemnification, you cannot get the court to order a pay-back.

    If there WAS an agreement or order on this, then there MAY be a chance of obtaining indemnification. But it will require a good lawyer and the time and funds to fight it out in court , since these contingencies were not addressed in the Howell decision.

    Irs Social Security Garnishment: Stopping It Rules And Tips

    Many taxpayers Internal Revenue Service garnishments. IRS garnishments take different forms depending on each clients financial situation. Those with substantial assets or disposable income potentially face significant IRS collection efforts for back taxes. One commonly held belief among many taxpayers is that Social Security benefits are exempt from garnishment by the IRS. In this article, we explore IRS garnishments as they relate to Social Security benefits, including essential procedures and tips.

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    How Much Will Be Garnished

    Ultimately, the VA has the final say on how much will be taken out of your disability compensation to provide child support. Other sources of income, special needs from your disabilities will play a factor in the percentage of your garnishments. Additionally, the VA will take into consideration any other special requirements for your former spouse and child.

    The range of garnishments is from 20% and 50%. If you are receiving 10%, then that is considered an inadequate amount for the family, but more than 50% will cause a hardship to the affected Veteran. When a garnishment does occur, then the VA will ensure equal amounts of the benefits provided when dealing with more than one child.

    Can A Debt Collector Garnish Your Social Security

    Can my veterans disability compensation be garnished for child support and/or alimony?

    In most cases, the collector will allow you to pay off the debt over time rather than garnish your wages. If you have a significant amount of debt and you cannot afford all your payments, it may be best to hire an attorney or debt settlement firm to help you. These firms can often negotiate your debts and reach a settlement with your creditors.

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    Can Social Security Be Garnished

    We need to get an immediate payment or well garnish your Social Security benefit!

    The voicemail left for my client couldnt have been more clear. After his wife died, he was left with thousands of dollars in medical bills. Hed tried to sort it all out, but trying to process his wifes death and a mountain of medical bills at the same time was overwhelming. He planned to get to it, but for now, he just needed a minute to grieve.

    The bill collectors didnt wait, and it didnt take long for the nasty calls to come rolling in. His last straw was the voicemail with the threat of taking away his Social Security benefit. I still remember the frustration, fear and anger in his voice when he asked me, Can Social Security be garnished by debt collectors?

    Honestly, I had no idea of the answer. I was determined to find out, so I reached out to my friend John Ross, an elder law attorney at Ross & Shoalmire for a qualified answer.

    He said, Social Security Retirement benefits and Social Security Disability benefits can be garnishedbut only in very limited circumstances. Unless the creditor is the federal government, or the debt is for alimony or child support, a Social Security benefit cant be touched.

    This was good news for my client since medical bills certainly didnt fall into any of those categories. However, it did make me curious enough to dig in and find out more about how Social Security is protected from debt collectors.

    This is what I learned.

    Va Disability Counts As Income For Child Support & Alimony

    VA disability payments count as income for purposes of calculating child support and maintenance – the fact that they are tax-free payments means they are invisible to the IRS, but not invisible to other agencies or for other purposes.

    In Rose v. Rose, 481 U.S. 619 , the U.S. Supreme Court found that VA disability payments were intended not just for the veteran, but as the law stated, to provide reasonable and adequate compensation for disabled veterans and their families.

    From this, the Court concluded: “Congress clearly intended veterans’ disability benefits to be used, in part, for the support of veterans’ dependents. Although Rose concerned garnishment of VA disability payments, in that case the disability benefits comprised most of the obligor’s income considered by the state court. While the decision did not explicitly address the fact that the state court counted the disability as income, had the Court taken issue with counting it, the justices certainly had the opportunity to correct the state court.

    In a 1991 decision, the Colorado Court of Appeals rejected a husbands argument that counting VA disability payments as income was effectively a backdoor, improper division of the disability payments themselves. In re: Marriage of Nevil, 809 P.2d 1122, 1123 . The Courts reasoning was:

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    Protections For Retirement Accounts

    Although all checking and savings accounts are subject to a bank levy, retirement accounts can be protected. These accounts are protected under the Federal Employee Retirement Income Security Act. Employers also set up these accounts. Therefore, a beneficiary of an ERISA account cannot lose their right to those assets.

    If you are going through a debt collection lawsuit, or you have a judgment placed against you, your assets, wages, and bank accounts may be garnished. Know your rights, and know which assets are protected by law.

    But Ive Contacted Several Members Of Congress Only To Be Told That They Do Not Get Involved In Civil Matters Nor Do They Interfere With The Legal Process In State Family Courts

    Can Your VA Disability Be Garnished?

    Thats right. They dont. No one not even state court judges wants to get involve in messy divorce cases in the courts. Members of Congress have no authority to intervene or to tell judges how to act in these cases. It would be highly unprofessional and certainly illegal for outside influence to descend on a state divorce court and push the determination of a certain outcome. This is why we pride ourselves on an independent system of courts and neutral, objective judges ones who cannot be gotten to by those outside the judicial process. Neither the Department of Veterans Affairs nor the members of the Senate and House have any business sticking their noses inside a courtroom or telling a judge what to do.

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    Can My Social Security Disability Benefits Be Garnished

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    In a Nutshell

    If your sole source of income is Social Security retirement income, disability benefits, or other federal benefits, youâre judgment proof. As a result, a creditor can’t secure a garnishment order or take money from your bank account.

    Written byAttorney Kassandra Kuehl.

      If you receive Social Security disability benefits, youâre likely protective of your entitlement. As a result, itâs important to understand whether Social Security benefits are generally safeguarded from garnishment under the law or whether a portion of your benefits may be claimed by creditors to pay down your debts. Familiarizing yourself with your rights will help you make sound personal finance and debt management decisions now and moving forward.

      How Do I Stop A Social Security Garnishment

      4.8/53 Ways to Prevent Social Security Garnishment

    • Choose direct deposit. If a debt collector wins a lawsuit against you, they can ask the judge to issue a court order requiring your bank to turn over the money in your bank account.
    • Pay your taxes.
    • Also to know is, how do I stop a wage garnishment from Social Security?

      3 Ways to Prevent Social Security Garnishment

    • Choose direct deposit. If a debt collector wins a lawsuit against you, they can ask the judge to issue a court order requiring your bank to turn over the money in your bank account.
    • Pay your taxes.
    • Get an income-based student loan repayment plan.
    • Subsequently, question is, is Social Security benefits exempt from garnishment? Under the law, Social Security funds are exempt, or protected, from garnishment and other actions taken by debt collectors. However, if your Social Security funds are not direct deposited into your bank account, or if you transfer the funds into another account after they are received, the protection is not automatic.

      Likewise, people ask, can Social Security garnish my paycheck?

      There are certain debts, however, that Social Security can be garnished to pay for. Those debts include federal taxes, federal student loans, child support and alimony, victim restitution, and other federal debts. SSI is protected from garnishment even if the creditor can garnish regular Social Security.

      Who can garnish my Social Security benefits?

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      Paying Support With Veterans Apportionment

      If you pay child or spousal support and receive retirement or disability from the Veterans Administration, you can ask for a portion of the benefit to be sent directly to a custodial parent or former spouse for child support.

      Once this benefit is established, you can ask for a modification of your child support order to get a dollar-for-dollar credit on your child support order calculation for future payments.

      If the apportionment is already in place, you can request a credit for previous benefits along with the modification.

      Va Waiver Of Retirement

      VA Disability, Divorce, Child Support, Alimony, Garnishment & Apportionment

      Traditionally, federal law prohibited concurrent receipt of both VA Disability and military retirement payments, which meant a retiree had to waive military retirement, dollar for dollar, to receive VA disability.

      This waiver is now gone for a normal military retiree with a disability rating of 50% or higher., as a result of a 2003 federal law. 10 U.S. Code § 1414. This program is also known as Concurrent Retirement & Disability Pay, or CRDP, and the amount of retirement restored to retirees to negate the waiver is still reflected as CRDP on the Retiree Account Statement

      It remains in effect, however, for retirees with a non-combat related disability rating of 40% or below. 38 U.S. Code § 5304, and 38 U.S. Code § 5305.

      NOTE – this relaxation of concurrent receipt only applies to retirees with at least 20 years of creditable service, pursuant to 10 U.S. Code § 1414. A military member who is medically retired with fewer than 20 years of service still waives retirement in return for disability.

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      Why Take A Portion Of My Ssdi Benefit

      Not all federal payments owed to you can be used by the government to pay back your debt. Sadly, the social security disability insurance is not anymore exempted from this. It used to be protected from any of these cuts by a clause on the Social Security Act which prohibited any person or entity from the government to collect any form of debt from the SSDI funds.

      Can A Judgment Garnish Social Security Disability Benefits

      The easy and quick answer to this question is, no. In general, a debt collector cannot simply garnish, attach or otherwise take away your VA or Social Security disability benefits. There are laws under the U.S. Department of Treasury which provide automatic protection against the ability to garnish Social Security disability benefits.

      These rules cover not just disability, but Social Security retirement benefits, Supplemental Security Income , veterans benefits, benefits from Federal Railroad retirement, sickness or unemployment, Civil Service and Federal Employee Retirement System benefits. However, there are exceptions and limits to these rules about which you must be aware.

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      Can Va Disability Benefits Be Used To Calculate Child Support

      Yes, VA benefits can be used to calculate child support payments. Most states consider VA disability compensation as income, so these funds are considered when calculating child support payments.

      If you want to know for certain, do an internet search to find out if your state includes VA benefits in its definition of income.

      Can Va Benefits Be Considered As A Source Of Income In Awarding Child Support Or Alimony

      Can my veterans disability compensation be garnished for ...

      Yes, although some states may have cases or statutes which exempt VA disability benefits. In Rose v. Rose , the U.S. Supreme Court reviewed a contempt judgment against a veteran whose sole source of income was his VA disability compensation. He had refused to pay $800 a month in child support, claiming that he was constitutionally allowed to keep these VA benefits for himself. In an extensive review of the statutes and rules governing VA payments, the Court found that these benefits are not provided to support appellant alone. It went on to state that:

      • Veterans’ disability benefits compensate for impaired earning capacity, H. R. Rep. No. 96-1155, p.4 , and are intended to “provide reasonable and adequate compensation for disabled veterans and their families.” S. Rep. No. 98-604, p.24 . Additional compensation for dependents of disabled veterans is available under 38 U. S. C. ‘ 315, and in this case totaled $90 per month for appellant’s two children. But the paucity of the benefits available under ‘ 315 belies any contention that Congress intended these amounts alone to provide for the support of the children of disabled veterans. Moreover, as evidenced by ‘ 3107 , the provision for apportionment we have already discussed, Congress clearly intended veterans’ disability benefits to be used, in part, for the support of veterans’ dependents.

      The provisions for dependents, found at 38 U.S.C. 1115, are:

    • If and while rated totally disabled and
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