1. Can VA disability benefits be garnished for child support?

   Lawyers Say: Yes, in specific cases, primarily if the veteran waived military retired pay to receive disability benefits.

   Correct Answer: No. It does not matter whether the veteran is a retiree or not, the USFSPA and the VJRA both made it clear that VA benefits are exempt from garnishment because VA benefits are totally exempt from state jurisdiction. See "Child Support and the Absurd Mythology of Rose" for proof of how Congress superseded Rose v. Rose.

2. What is an "apportionment" of VA benefits?

   Lawyers Say: It is a process where the VA sends a portion of a veteran's benefits directly to a spouse, child, or dependent parent for support.

   Correct Answer: The Lawyer answer is close, but misleading.
   VA Apportionment is NOT a federal child support order to enforce state child support order. It is a decision based on actual hardship. The question the VA decides is whether apportionment would cause the veteran more hardship than it would benefit the dependents. Please note: As of 2026, the VA has changed policy by deciding to reject all apportionment claims except the ones where the veteran is institutionalized or incapacitated.

3. Do States have Jurisdiction on veteran benefits based on Rose v. Rose?

   Lawyers Say: Yes, because in Rose v. Rose, the Supreme Court said that 38 USC §211 did not invoke the Supremacy Clause because it did "not clearly preempt state jurisdiction."

   Correct Answer: No. The Rose v. Rose decision helped Congress to understand that the only way to protect veteran benefits from predatory corruption and fraud was to clearly define the entire scope and path of jurisdiction on Title 38 and eliminate ALL outside jurisdiction that might interfere with Congressional Purpose of Title 38. When the VJRA closed the loopholes in § 211, it closed ALL of the other loopholes created by the Rose decision.

4. Do I have to pay child support if my only income is VA disability?

   Lawyers Say: Yes, court-ordered child support is an obligation that can be enforced even if VA benefits are the sole income source.

   Correct Answer: This is a tricky one because judges are going to continue breaking federal law until they get in trouble. It is better to pay what you can to stay out of jail than go to jail and risk losing everything else. State courts breaking federal law will continue to take the kids, put veterans in jail and screw things up, so do the best you can to stay out of jail until we get a positive ruling from the Supreme Court.

   Please see Child Support and The Absurd Mythology of Rose to understand how Congress superseded Rose v. Rose. Also, check out Federal Rights Often Violated by State Courts and How to Sue for Due Process of Law.

5. Can the state garnish my bank account for child support if it only contains VA benefits?

   Lawyers Say: Yes, state agencies can garnish bank accounts containing VA funds to pay child support debts.

   Correct Answer: NO! According to 38 USC 5301, benefits cannot be seized by garnishment after receipt. Even though the banking regulations in 31 CFR §212.4(b) say that all the protection of money from VA and Social Security benefits have been canceled by a "notice of right to garnish," that does not change the FACT that statutory positive law 38 USC §511 and §5301 say that states have NO jurisdiction to issue garnishment orders on VA benefits, whether the money is in the bank or at the VA.

   The bank will NOT help recover the money because the regulation says they are not responsible. However, this 31 CFR §212.4(b) regulation is in conflict with statutory law, so it is VOID. The statutes enacted by Congress take precedent over the regulations created by the mistake of the Treasury Department.
   
   

6. How much of my VA benefits can be garnished?

   Lawyers Say: Typically, the VA can garnish between 20% and 50% of monthly disability benefits depending on dependents and financial hardship.

   Correct Answer: NONE! First, the VA does not garnish your benefits and the state has NO possibility of jurisdiction to issue any order to the Secretary of the VA to withhold your benefits on a garnishment order. States have NO power over the VA Secretary or the benefits.

7. Can Child Support use Veteran Benefits?

   Lawyers Say: Veteran benefits are ordinary income for child support. In Rose v. Rose, the Court said that benefits are provided for "veterans and their families," therefore can be used for child support.

   Correct Answer: NO!. The quotation "and their families" was taken out of context from a Senate Committee report several years prior to the Rose v. Rose case. One important fact is that committee reports are NOT the law, but the actual words of positive law are literally proof of congressional intent pursuant to constitutional power.

8. Can I object to an apportionment of my VA benefits?

   Lawyers Say: Yes, you can file a "notice of disagreement" within 60 days of a final decision, but you must provide evidence of financial hardship.

   Correct Answer: YES ! ! For once the lawyers got it right.
   /*If*/ the VA accepts any new apportionment claims based on child support orders, the important thing to put in your objection is that you are doing your best to provide housing, food, clothing, care and parenting for your children, but your Ex is just using them to avoid going to work.

9. Is VA disability considered "income" for child support calculations?

   Lawyers Say: Yes, most state courts include VA disability compensation in gross income when determining the amount of child support.

   Correct Answer: Most states are BREAKING federal law by extracting money from VA disability. It does not matter what any state law says or what any state court has ever said, veteran benefits are totally exempt from state jurisdiction because 38 USC § 511 pursuant to Article I § 8 of the Constitution says that whenever there is a question of law, such as whether state judges are required to obey §5301, that question belongs to the Secretary of the VA and only certain federal courts.

10. What happens to my child support if I am 100% permanently and totally disabled?

    Lawyers Say: The increased income from 100% disability can be included in child support calculations, though you may request a modification due to changed circumstances.

    Correct Answer: The lawyers got is really wrong here. If the child support order was based on previous income or imputed income before the VA rating went up, and that income from work is not there anymore, then the state officials and courts have NO power to do anything without breaking federal law.

11. Can States take CRSC for alimony or child support?

    Lawyers Say: Yes because it is income from retired pay that has been waived to receive veteran benefits and put back into retired pay.

    Correct Answer: NO. According to the law, CRSC is NOT retired pay which means it is not part of the pay that states could use to make or enforce support orders. It is a separate compensation for individual disability paid by the military branch. It is NOT subject to the USFSPA or to state jurisdiction.

    Combat Related Special Compensation (CRSC) was created for the benefit of the combat-disabled retiree, NOT for anyone else. States have NO possibility of jurisdiction to touch CRSC either as property or as income for support calculations because it is special compensation, NOT retired pay.

    On the other hand, Concurrent Retired and Disability Pay (CRDP) is Pay that has been restored after being waived to receive VA benefits. CRDP was created to benefit the retirees AND the former spouses. The difference is that CRDP can be treated as income for alimony and/or child support, but the USFSPA

    The most important thing to remember about CRSC and CRDP is that Congress very carefully decided to spell out exactly what could be touched by states and what could not. CRSC is for the veteran exclusively, which means it is exempt from state jurisdiction.

12. Can my driver's license be suspended for not paying child support?

    Lawyers Say: Yes, if child support is not paid, states can use enforcement tools like suspending driver's licenses, professional licenses, or hunting/fishing licenses.

    Correct Answer: Yes, if regular child support is not paid, states can use enforcement tools like suspending driver licenses, professional licenses, or hunting/fishing licenses. That has NOTHING to do with veteran benefits. However, states cannot do any of these enforcement actions to extract money from veteran benefits because states cannot legally touch VA benefits directly or indirectly. That would violate the rights of the veteran. See Federal Rights Often Violated by State Courts and How to Sue for Due Process of Law for more information on what to do when states take licenses to steal veteran benefits.

13. How can I change my child support if my VA rating increases or decreases?

    Lawyers Say: You must file a petition to modify child support with the family court that issued the order to reflect changes in your income.

    Correct Answer: Veteran benefits have NO effect on child support. Likewise, child support has NO effect on veteran benefits. These things do not mix. They NEVER have. From the very first special pay for veterans of the Revolutionary War to Right NOW, veteran benefits have NEVER been part of the jurisdiction traditionally occupied by the states.

    If your income from WORK goes up or down, then you should ask for a modification accordingly, but if the income goes away and all you have left is VA benefits, then the state order must go away too. They cannot "calculate" arrears, or penalties, or back child support, or a Title IV-D debt to the state, while you are disabled. That is patently fraud upon the United States.

Conclusion

These answers point out how some lawyers constantly lie to all of us because that is how they protect their income and lifestyle.

• They do not care what the law says.
• They do not care what happens to children when a veteran dies by poverty in the street.
• They do not care what happens to the children when veteran parents are lost by SUICIDE.
• They do not care about how the children go right back on welfare because the veteran parent has died by suicide and the VA does not consider it a service-connected death.
• All they care about is their next paycheck and keeping the scam running through the state courts.

Veterans die hopeless, homeless, and broken because they have lost their children to the corrupt family court system. Their children suffer double hardship and trauma from the loss of that veteran parent. All of this happens because the states are converting veteran benefits into state revenue under Title IV-D. (Not to mention all of the other federal benefits that are never supposed to go to the states.)

Please take everything with a grain of salt and verify the fact that state judges are automatically bound, thereby Required to Obey the laws protecting our country and our families from corruption and profiteering on veteran benefits in state courts. These laws are enforceable by state and/or federal suit under the Fourteenth Amendment and 42 USC § 1983.