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  1. #21
    Join Date
    Oct 2012
    Posts
    11

    Default Re: Disabled Vet Seeking Decrease in Child Support Order

    horseyjess,
    You have no idea what your talking about. BTW, I never said I wasn't planning on paying what I was ordered to, all I said was that I might not have the full amount by my court date, there's a big difference.
    She can't have my VA benefits garnished, we've been through this already in court.

  2. #22
    Join Date
    May 2012
    Location
    FL
    Posts
    137

    Default Re: Disabled Vet Seeking Decrease in Child Support Order

    Quote Quoting ArmyDadof2
    View Post
    horseyjess,
    You have no idea what your talking about. BTW, I never said I wasn't planning on paying what I was ordered to, all I said was that I might not have the full amount by my court date, there's a big difference.
    She can't have my VA benefits garnished, we've been through this already in court.
    Ummm yes I do. Umm yes she can, it is hard but it can be done. All she has to do is go directly to the va. My husband is a disabled vet, also going through voc rehab. We have spoke to his VSO and they can, its hard but appealing directly to the VA will get it done! If they are ordering a purge than you havent been paying your court ordered amount. Been there done it, done the research. I will provide you with some links later, I dont have access to them right now. But I will provide the links to show you that you are indeed getting money each month towards each child through your 70% and your voc rehab 62.34 a month. I was wrong with the 173 I was looking at dependent over 18 but you still are getting 54 a month each.

    http://benefits.va.gov/COMPENSATION/...omp01.asp#BM05


    http://www.vba.va.gov/bln/vre/doc/sa_rates.pdf

    I edited this because I found one link on this computer also the following.

    http://www.acf.hhs.gov/programs/css/...erans-benefits (see example 2)

    The Department of Veterans Affairs has issued regulations pursuant to 38 U.S.C. 5307 that provide for an apportionment of VA benefits between the veteran and his/her dependents under certain circumstances. VA regulations at 38 CFR Section 3.450(a)(1)(ii) provide that, if the veteran is not residing with his or her spouse, or if the veteran's children are not residing with the veteran and the veteran is not reasonably discharging his or her responsibility for the spouse's or children's support, all or any part of the veteran's pension, compensation, or emergency officers' retirement pay may be apportioned.

    The maximum that the Defense Finance & Accounting Service (DFAS) will garnish, outlined in 5 CFR 581.402, is the following: •50% if the servicemember is providing more than half the support to other dependents not covered by the order.
    •55% if the servicemember is providing more than half the support to other dependents not covered by the order, but has a support arrearage.
    •60% if the servicemember is not providing more than half the support to other dependents not covered by the order.
    •65% if the servicemember is not providing more than half the support to other dependents not covered by the order, but has a support arrearage.

  3. #23

    Default Re: Disabled Vet Seeking Decrease in Child Support Order

    Quote Quoting horseyjess
    View Post
    Ummm yes I do. Umm yes she can, it is hard but it can be done. All she has to do is go directly to the va. My husband is a disabled vet, also going through voc rehab. We have spoke to his VSO and they can, its hard but appealing directly to the VA will get it done! If they are ordering a purge than you havent been paying your court ordered amount. Been there done it, done the research. I will provide you with some links later, I dont have access to them right now. But I will provide the links to show you that you are indeed getting money each month towards each child through your 70% and your voc rehab 62.34 a month. I was wrong with the 173 I was looking at dependent over 18 but you still are getting 54 a month each.

    http://benefits.va.gov/COMPENSATION/...omp01.asp#BM05


    http://www.vba.va.gov/bln/vre/doc/sa_rates.pdf



    The Department of Veterans Affairs has issued regulations pursuant to 38 U.S.C. 5307 that provide for an apportionment of VA benefits between the veteran and his/her dependents under certain circumstances. VA regulations at 38 CFR Section 3.450(a)(1)(ii) provide that, if the veteran is not residing with his or her spouse, or if the veteran's children are not residing with the veteran and the veteran is not reasonably discharging his or her responsibility for the spouse's or children's support, all or any part of the veteran's pension, compensation, or emergency officers' retirement pay may be apportioned.

    The maximum that the Defense Finance & Accounting Service (DFAS) will garnish, outlined in 5 CFR 581.402, is the following: •50% if the servicemember is providing more than half the support to other dependents not covered by the order.
    •55% if the servicemember is providing more than half the support to other dependents not covered by the order, but has a support arrearage.
    •60% if the servicemember is not providing more than half the support to other dependents not covered by the order.
    •65% if the servicemember is not providing more than half the support to other dependents not covered by the order, but has a support arrearage.
    Damn....serious ownage

  4. #24
    Join Date
    Oct 2012
    Posts
    11

    Default Re: Disabled Vet Seeking Decrease in Child Support Order

    Thanks for the heads up horseyjess, I did a little research of my own & my ex would need my social security number for the apportionment form, which she does not nor will ever have.
    From what I've been told, the courts want the money more than they want to put me in jail. As long as I pay something it should be enough to hold them over for a couple more months.
    Thanks for the help, horseyjess.

  5. #25
    Join Date
    May 2012
    Location
    FL
    Posts
    137

    Default Re: Disabled Vet Seeking Decrease in Child Support Order

    As far as a Writ goes, you have to pay the whole writ by the date on it. If you dont pay the purge in full, they will issue a warrant for your arrest. When you go to first appearance a judge MAY release you if you prove that you do not have the ability to pay. That is not very common. They dont want to put you in jail. But they do want the children supported. That is why they held a contempt hearing and gave you a chance to pay some.

    Oh and she probably has access to your SS# somehow. My court documents and my Husbands court documents have them in multiple places. Especially the child support ones.

  6. #26
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Disabled Vet Seeking Decrease in Child Support Order

    Not only that, but the court can ORDER that he provides Mom with the SS#.

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