Legal Question in Family Law in California

I owe arrears for child support in CA, and I'm making monthly payments to pay it off. The child in question is an adult now(29). What I would like to know is since I am receiving 100% VA compensation as my only source of income, and in March 2013 the US treasury will deposit my money in a bank account instead of issuing paper check, will my account be subject to garnishment? Or does the new California Veteran law of 2009 prevent this?


Asked on 4/20/12, 9:39 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

Under 38 U.S.C. �5301(a)(1), benefits paid by the Department of Veterans Affairs (VA) are not subject to levy, seizure or attachment. However, the benefits can be considered for determining child and spousal support, and does not immunize a veteran from being held in contempt for failure to pay, even if the benefits are the obligor parent's sole means of income.

I'm not sure how the new California law applies. Some of my colleagues may be able to shed some light on this.

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Answered on 4/22/12, 12:27 pm


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