Department of Veterans Affairs
How to determine whether a non-custodial parent (NCP) is receiving benefits from the VA.
In order to determine whether an NCP is receiving benefits from the VA, state child support workers may need to obtain specific locate information not available through the National Directory of New Hires (NDNH) or the Federal Case Registry (FCR) automatic data matching. However, by using the Federal Parent Locator Service (FPLS) external locate service, state child support enforcement (CSE) agencies may request additional information to determine whether an NCP is receiving benefits from the VA.
The VA provides information about pensions, compensation and educational benefits and the address to which benefits are being sent.
Section 459 of the Social Security Act, as amended, provides for the garnishment (withholding of child support) of certain Federal payments for the enforcement of child support and spousal support obligations. Benefits paid by the VA, however, are specifically excluded with one exception. The exception is if the payment is remuneration for employment.
The Social Security Act and the statutes governing benefit payments by the VA do provide for processes by which dependents may obtain financial support from a veteran's benefits under certain circumstances. Below are three examples highlighting the laws or regulations under which benefits paid by the VA may be paid to dependents to fulfill child support obligations.
Example #1: VA monetary benefits, entitlement to which is based on either the veteran's disability and wartime service (pension) or disability from service-connected injury or disease (compensation) are not considered remuneration for employment. However, the Social Security Act provides that if a veteran is eligible to receive military retired/retainer pay and has waived a portion of retired/retainer pay in order to receive disability compensation from the VA, that portion of the VA benefit received in lieu of retired/retainer pay is subject to withholding for child support. Thus, VA disability compensation received in lieu of waived military retirement pay may be garnished in order to satisfy ordered child support and alimony obligations. Only the portion of the VA compensation payment representing the amount of retired pay is subject to withholding for child support. This provision does not apply if the dependent is emancipated.
Example #2: VA regulations at 38 CFR 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, then the veteran's pension, compensation, or emergency officer's retirement pay may be apportioned.
Example #3: When a hardship is shown to exist for the custodial parent (CP) on behalf of the child, 38 CFR 3.451 authorizes a special apportionment of a beneficiary's pension, compensation, emergency officer's retirement pay, or dependency and indemnity compensation between the beneficiary and his or her dependents. The apportionment is based on the facts in the individual case and may not cause undue hardship to the other persons of interest.
Federal law does not prevent a state court from ordering a veteran to pay child support in an amount that necessarily would require the veteran to use VA disability benefits to satisfy the obligation.
For help in determining whether a veteran waived any portion of retired/retainer pay in order to receive VA benefits, contact the VA Regional Office Inquiry Line: 1-800-827-1000.
How to request a special apportionment
- The state CSE agency should write to the VA using agency letterhead to request an apportionment review. The letter should be signed by both the appropriate CSE agency official and the CP. The letter should be addressed to the VA Regional Office servicing that veteran's benefits. Use the Inquiry Line to determine which VA office is appropriate.
- After receiving an apportionment application, the VA usually requests a completed VA form 21-4138, "Statement of Support of Claim." This is where the CSE agency provides information regarding the CP's income and net worth.
- Attach a copy of the current support order to assist VA in the development of the apportionment award.
- Attach a copy of the arrearage determination, payment ledger, payment records, etc.
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Where to send an Income Withholding Order (IWO) to attach VA benefit payments.
Send the IWO to the VA regional office serving the veteran. Contact the VA Regional Office Inquiry Line: 1-800-827-1000 for help in determining the servicing regional office.
VA Financial Services Customer Service
The VA Financial Services Customer Service phone number is (877) 353-9791 (toll-free).
www.va.gov
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Where to send the National Medical Support Notice (NMSN) for a VA beneficiary.
VA does not provide medical insurance for beneficiaries. Do not send the NMSN to the VA.
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Where to send a termination of the IWO for the attachment of VA benefits.
Termination of the IWO should be sent to the VA regional office servicing the veteran. Contact the VA Regional Office Inquiry Line: 1-800-827-1000 for help in determining the servicing regional office.
