Has anybody else had their Chapter 31 Educational Subsistence Allowance ordered as Child Support?

2015-06-24T15:41:48-04:00

USC Title 38, Chapter 31 Veterans Vocational Rehabilitation Educational Subsistence Allowance is protected financial assistance, specifically by 5 CFR 581.104, and off limits to Family Courts as a source of money for Child Support, but Family Court here in WI has taken mine... I am looking for others who may have experienced this and what has happened about it.

Response by A1C Private RallyPoint Member made Jun 24 at 2015 3:44 PM

2015-06-24T15:44:30-04:00

If it is protected by the CFR, I would get with the legal team you have at your fort. We call them JAG officers, but either way they should be able to either solve your problem, or explain to you the loop-hole that was found that allowed them to take the money.

Response by PO2 Richard Sotelo made Feb 4 at 2016 1:41 PM

2016-02-04T13:41:30-05:00

Yes same thing happened to me,here in San Diego Ca.

Response by 1SG Private RallyPoint Member made Feb 12 at 2016 2:09 AM

2016-02-12T02:09:53-05:00

The CFR section you're referring to is talking about "garnishment." Nothing in this particular law instructs family courts not to include the indicated benefits to determine income. The indicated benefits include "Education and vocational rehabilitation benefits for veterans and eligible persons under chapters 30, 31, 32, 35, and 36 of title 38, United States Code, and chapters 106 and 107 of title 10, United States Code"
You may very well be correct about not being able to include such benefits to determine income, however there is no safe place for such an assertion in this particular law.
Keep digging. Never give up. It's not over until you win.

Response by PO2 Richard Sotelo made Feb 20 at 2016 3:31 PM

2016-02-20T15:31:00-05:00

here is wat the VA had say automatically assuming I am paying child support to ex spouse, and suggesting i might lose money. The fact is I gave my almost the whole post 9/11 gi bill and leaves me as soon as she gets her 100,000 year job. which i stayed home to watch
our little ones so she could finish school, now i do get the monthly stipend only while im in school. the judge and she said that it is counted my ch. 31 as income. which i think its not right and she said to bring her proof that its not allow to counted, so i asked the va
our question was: "Is there a reference to where voc rehab allowance and child support calculation subject to interact with each other to determine monies owed to a party(s)?"

In general, VA cannot give you any legal advice, and given we do not know the specifics to which you refer, NOTHING we state here is meant as nor should it be taken as legal advice.

But, we would like to provide you with some general information and some websites to check out. First, generally, the Post-9/11 GI Bill Educational Allowance is usually not included in income (VA & IRS do not include it as income) because it is supposed to be exempt and protected for the Veteran's use & readjustment to civilian life. However, under a broad definition of FC section 4058, it could in some circumstances be considered as income because federal law may not be determinative and may not preempt in this area in every individual case. So, this is something to be discussed with an attorney and determined by a judge. And, California Family Code section 4504 says the parent paying support gets dollar-for-dollar credit against child support obligation for any VA benefits received by the custodial person, unless VA benefits were considered when support was ordered. Despite what any law might say, there is always case law. For example, Rose v. Rose (1987) 481 U.S. 619 affirmed that a Veteran can be ordered in a contempt proceeding to pay child support out of disability compensation even though it is his sole source of income.

In a general sense, we are unaware of any reference of child support affecting voc-rehab stipends, but child support could affect the establishment of dependency for your voc-rehab benefit.

Typically, the educational stipend (up to $1,000 annually for books/supplies) paid to the Veteran is non-taxable and exempt from garnishment or legal process (sovereign immunity), but that is to be ultimately determined by a judge.

Again, you should check with an attorney to see what applies in your case.

So,we cannot make any legal opinions or recommendations to you. Our best advice is to contact your voc-rehab counselor and an attorney.

Finally, these websites might be of help to you:

http://csdaca.org/

http://www.childsup.ca.gov/resources/calculatechildsupport.aspx

http://www.acf.hhs.gov/programs/css/resource/garnishment-of-federal-payments-for-child-support-obligations (if you're a federal employee)

We hope you consult appropriate legal representation and seek the answers for your questions, specific to your circumstances. We apologize for not being able to be of further assistance.

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A Coalition of Experts Collecting Billions for California’s Children The Child Support Directors Association of California (CSDA) was established in 2000 as a non-profit association to represent the local child support directors of California’s 58 counties. The association strives to be of service to local child support agencies (LCSA) in their effort to provide children …