{"id":171070,"date":"2023-03-22T08:07:07","date_gmt":"2023-03-22T12:07:07","guid":{"rendered":"https:\/\/antiguanewsroom.com\/?p=171070"},"modified":"2023-03-22T08:07:07","modified_gmt":"2023-03-22T12:07:07","slug":"can-va-benefits-be-garnished","status":"publish","type":"post","link":"https:\/\/antiguanewsroom.com\/can-va-benefits-be-garnished\/","title":{"rendered":"Can VA Benefits Be Garnished?"},"content":{"rendered":"
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If you\u2019re a newly minted U.S. military veteran in these economically unstable times, you may be wondering whether your VA benefits can be garnished. The short answer is yes, but there are some things you can do, such as debt consolidation for veterans<\/a>, to avoid the situation.<\/p>

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What is a Garnishment?<\/strong><\/p>\n

This is a legal move in which a creditor may collect a debt through the seizure of money or property.<\/p>

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There is no statutory prohibition against the garnishment of funds from veterans who receive Veterans Administration disability pay in lieu of military retired pay (MRP). A court or state administrative agency can, indeed, issue an order for delinquent alimony or child support payments.<\/p>

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However, it is not up to a court judge or agency to determine whether a specific veteran\u2019s disability compensation will be garnished, and if so, what amount. Rather, the VA determines<\/a> whether the veteran\u2019s benefits can be garnished, and if so, how much is reasonable.<\/p>\n

Also, if the veteran in question waived MRP to receive VA disability payments, only the portion of disability pay the veteran receives in place of MRP may be garnished. VA benefits may not be garnished at all if there was no waiver of military pay for disability benefits.\u00a0<\/strong><\/p>

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How Does the VA Determine Garnishment Amounts?<\/strong><\/p>\n

In determining how much of the qualified VA disability pay would be a reasonable garnishment, the VA usually looks at several factors, including any special needs that might require more income than the average person.<\/p>

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In determining the reasonableness of the garnishment request, the VA will also learn whether the veteran under consideration has a former spouse, or children not in the veteran\u2019s custody, with special needs and expenses.<\/p>

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Typically, the administration permits garnishments of between 20% to half of a veteran\u2019s VA disability benefits, since more than that could cause the veteran undue hardship. If the veteran is already experiencing financial woes, debt consolidation for veterans could help.<\/p>\n

Will the VA Garnish for Other Reasons?<\/strong><\/p>\n

If Veteran Administration disability pay is the vet\u2019s only income source, the administration will not garnish for medical bills, creditor debts, student loans, or taxes.<\/p>\n

Can the VA Refuse to Enforce a Disability Order?<\/strong><\/p>\n

The Veteran\u2019s Administration could refuse to follow through with a garnishment order if the garnishment would result in undue hardship for the veteran, or if:<\/p>\n