Can GI Benefits be garnished for Child Support

Asked almost 4 years ago - Vacaville, CA

My husband was informed at his court date that he is responsible for over $20k in reareges for child support. While he was deployed, he allowed the mother of his child to spend 90% of his check to maintain her pregnancy. In 2007, he was giving her $700 a month (while they were separated) & voluntarily gave her money when she requested it to take care of their son. The judge would not honor the documentation of the $ that he gave her after their son was born because she filed for Child support in 2008. How can he defend himself. He was stereotyped as a bad father and the judge did not even give him a chance. Also, can they garnish GI Bill benefits?
What resources are available for fathers who are not given a fair trial with the Child Support Courts?

Attorney answers (2)

  1. Matthew Henry Miller

    Contributor Level 6

    Answered . Certain courts will order a Father to bear responsibility for part of the costs for pregnancy, it appears that this Father did so voluntarily, Additionally, he was voluntarily make support payments in 2007, he would receive credit for whatever payments made if the payments were made during the same time that the court order for child support was pending. However, in the event that he was voluntarily paying in 2007, and then stopped, and then in 2008, she requested child support, and that order was made effective prospectively, then he may not be able to receive credit for those payment voluntarily made prior to the 2008 child support order. Consult with an attorney when you figure out the time-line of those payments, and orders.

    As to being stereotyped as a bad father, most likely this was not the case. Child support orders are very non-emotional, and judges do not have much flexibility with respect to their decisions as to child support. Start thinking logically and talk to an attorney about whether or not you were entitled to credit for the payments made prior to jumping to the conclusions that a judge is treating you unfairly.

  2. Robert Daniel Kelly

    Pro

    Contributor Level 20

    Answered . You need an attorney.
    Normally, there should be a way to prove payments - cancelled checks, etc.
    Collection of debts can take many forms. I've never heard of anyone shortstopping GI Bill benefits, but it may be possible.

    Best wishes.

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