I am not behind on my payments but I lost my job due an injury at work and now I am unable to work. my only income is my va compensation that i receive from the military. can my ex wife lawyer find out how much it is and have it garnished?
Yes, under 38 CFR 3.450 and 452--she can reach your VA compensation if she has a valid support order.
Typically the answer is yes, they can be garnished, when child support is court ordered (rather than the subject of an informal agreement), subject to the limits on garnishments applicable under state and federal law.
I am not sure whether the military disability benefits are protected from direct garnishment or not, but once that money lands in your bank account, the bank account may be garnished, and if the benefits are protected from direct garnishment you would have to traverse the garnishment of your account and show that the only money in there was from those benefits. The child support order will remain in force unless and until it is changed. You may be able to seek and obtain a downward modification of your child support payment based on your loss of employment due to injury. If it is a permanent injury, that will forever limit your ability to work, that is one thing. If on the other hand it is an injury that you will recover from and be able to resume working, that is a different thing. You should contact local family law attorneys and discuss the situation and determine whether filing for modification makes sense. Of course you need to do everything possible to remain current on the ongoing child support obligation in the meantime.
In most states, any income is subject to calculation or garnishment for child support. To be sure, check with a gily law attorney in Georgia who had familiarity with veterans law.
The ABA has produced a factsheet explaining the nature of VA disability compensation in the context of family court proceedings. Accessible at http://www.americanbar.org/content/dam/aba/administrative/family_law/201109_flmc_vapaymentsfacts.authcheckdam.pdf
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline