Can Child Support Be Taken Out of Veteran Disability Income? YES!

often times you'll hear things such as laws or people like lawyers or other websites giving you simple and easy to follow rules and instructions pointing to rules and regulations about how those rules and regulations should be followed.

Let me assure you right now they have no power.   Even your Federal Government has no power. 

Case in point.  The Bellow is from Dads and Divorce.   (Kordel and Kordel) 

Bellow is an Excerpt not updated nor looked at for maybe 8 years.  

Reply sections on these are also there to give you this reassuring feeling. But its a waste of your time. 

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Question:

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?

Answer:

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.

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The Truth?   

March 6, 2020 at 5:06 pm

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Hello! IMickey503 here! Lets go into how this happens. And a bit more with some references.

What the Family Courts try to do is go PAST the VA and Federal & State Laws  since they know full well VA Disability is not Income nor is it a Wage or Monetary reservoir to be garnished. 

This has been Proven in Howel Vs. Howel, and Rose Vs. Somebody (a case out of California.)

So what does the Family Court or Child Support Office Do? They send an order to a Bank. Why? I will explain later. But the Idea is to send the order to a Bank that has staff in the collections department that are often more then happy to fulfill these orders without question. 

You get Garnished, even though the order sent often states with EXPLICIT instructions (CYA to the Child support office or state) outlining expectations of this order.

So when that happens? It holds the Bank Responsible for the error. Problem is? When they do this? You have little recourse but to file a lawsuit for damages. Most are already poor or on a limited income, so most simply do nothing.

Now what if you contact oh say...  US Bank.  Get the Copy of the garnishment sent by a Male staffer, then contact the Female head of the office  (Tracey) and then she refuses to cooperate?   Even hanging up the phone on you when you ask her to read the Order she has a copy of in front of her that states in BOLD PRINT not to Garnish federally protected funds?

BTW, you just paid a bit more then $100 dollars just for this service.   

What if you even FAX the office copies of :

-42 U.S. Code § 659(h)(1)(A)(v).
-42 U.S.C. 662(f)(2)
-5 CFR 581.301.
-Title 5 → Chapter I → Subchapter B → Part 581
-38 U.S.C. §5301(a)(1),

And, they tell you…To Contact US Banks Lawyers since US BANK refuse's to fix the error or be held responsible for their “favor” they did? What if you don’t get a response Back?

That Answer is now to make everyone pay and be held responsible with damages for your time lost and headache.  (Tax Payer,  Investors in US Bank, etc)  Maybe Embarrassment and hardship as well on your part.  The best you will do is sue for what you were entitled too. 

 Most of the time its a Pretty small sum. Most just make do and then change Banks, or start depositing or cashing a Physical check.. (something that is NOT protected by law btw, so don't do this if you can help it as the LAWS no longer apply nor the protections)  

The true answer is? Yup. Its time to Lawyer up. Time to file a Lawsuit. You can ask the VA for some help. But chances are you still have a up hill battle. Hopefully your Mind is still in somewhat good order. And your body hopefully can take the stress.  For many?  Its not the case. 

You can alert the VA to what has happened. This can be helpful, and should be done. You can contact a VSO like the DAV. But often, this can also be an issue. More then likely, you are going to need a lawyer that hopefully will be able to also sue for his fees. There are some groups like swords and Plowshares that do this in San Francisco. Most Veterans lawyers don’t really do this at all. So be aware.

Don't expect help.  Remember My Moto.  You are ALL ALONE. 

If you had the Money to sue? Then chances are? You would not be Garnished in the first place right?    

You might ask how they break the law? Or why risk it something like US BANKS Reputation?  Not to mention their Shareholders wondering if their investment in the Banks ability to turn a profit is worth something?    Well… Here I can tell you what I have been able as well as others to find out.  

So how can your partner who worked for Equality, has her own job, and makes more money then you also ask you after she put you in the situation in the first place to pay for a Kid you only get to see almost never as in Kash Jacksons case (Who ran for Governor) , then try to slap you with Back child support to further make it almost impossible to stay out of Jail and at your job? Well. THAT is a story for another day!  

But suffice? The system is rigged. The people (Women mostly) know how to work the system in order to make things happen. Is it illegal? Yes. It breaks at umpteen laws from not just the VA part, but even laws set forth by the judiciary and state and local laws. 

So with all that in place, how can they garnish your full account balance? As you know, there are even laws for Civilians that they can not empty your account to zero. Why do they do that? Simply? Because they can. Who is going to hold them responsible?  

 The personal at US Bank won’t even break a sweat.
That is… until they did it to me. 3 Times. Once being out of a US BANK CASHIERS CHECK?

Yes folks. I said A cashiers check of an over payment by the VA Voc Rehab. (That…Was US Banks last bit of trust I would ever have) Suddenly.. They could not find where that $4,000 went to. They even went as far as telling me I had Cashed it. HOW? The Cashiers check issues by their bank is right there. HOW did they “LOSE the DATA in their system WITH MY RECEIPT RIGHT THERE?”

Folks… Banks are not safe places for money. Understand that. Neither are cashiers checks. I found that out the hard way.

After figuring and being told (Will be posting these for all to hear)  that this is Normal.  And the State of Oregon has the power to give a Middle finger as well as US Bank to Federal Law?     How safe do you think your Money is there? 

Never have kids.

 Never have a relationship. 

And NO SINGLE MOMS.

And No Business & People that support them. 

Again,  CRYPTO is a MUCH better place to store your money then Banks.   And if you ask me?   Its LONG overdue to get a Payment system that is not only secure?   But does not have ties with the state.   

Can you imagine if someone sent one of these requests to you? What if you don't have kids?  What if you never got the letter?   These are the things you need to know about.  

There is NO safety in Banks.   There are PLENTY of other places  to store your money.