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United States Code, Title 38, Section 5301, Non assignability and exempt status of benefits, reads in part;

Payment of benefits due or to become due under any law administered by the secretary shall not be assignable except to the extent specifically authorized by the law, and such payments made to, or on a account, of a beneficiary shall be exempt from taxation, shall be exempt from the claim of creditors, and shall not be liable to attachment, levy, or seizure by or under any legal or equitable process whatsoever, either before or after receipt by the beneficiary.

It is my understanding that a veteran's service-connected disability compensation is intended to financially compensate a military veteran disabled in the line of duty. This compensation is not an asset or property and should not be used to calculate a veterans net worth. Disability compensation is awarded to a veteran that has lost some/all physical or mental ability to work, or maintain a daily routine. Veteran's disability compensation is tax exempt and is not classified "income" by the IRS. VA disability compensation is non-transferable and cannot be awarded to a third party under any legal process whatsoever. Even after the veteran has deposited these funds into their personal bank account they are federally protected from attachment or seizure. Disability compensation belongs solely to the disabled veteran that has suffered the disability and therefore should not be used to calculate income.VA monetary benefit entitlements with are generally based on either the veterans disability or wartime service from service-connected injury or disease. Compensation is generally not considered remuneration (payment) for employment.

However, the Social Security Act and the statutes governing benefit payment by the Department of Veterans Affairs do provide for processes by which dependents may obtain financial support from veterans' benefits under certain circumstances. 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.

I would look for a organization call "Operation Firing for Effect" They are fighting to support Veterans rights and have been dealing with such cases. Their website is http://www.offe2008.org/. I hope that answers your question.


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Q: Is veterans affairs disability used for child support in Florida?
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yes


What services does the US Department of Veterans Affairs provide?

The Department of Veterans affairs offers many services to military veterans. The Department of veterans affairs offers medical and mental health care for veterans, as well as financial and educational assistance. The Department of veterans affairs gives veterans continued support. For a full listing of what the department of veterans affairs is doing for veterans visit their official site.


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I do not know the statutes...and it may be state to state difference. Once the child is over age 18, you have a whole different set of laws. It was up to the jurisdiction which ordered the child support in the first place. That state will have to file the action with the district court. If you gained any form of assistance during that time from the state, the state courts will determine on the cost of a court case. On a personal basis of you suing for this, find yourself a good lawyer.


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