There are many cases that caseworkers and attorneys come across where the non-custodial parent (NCP) is receiving U.S. Department of Veterans Affairs (VA) benefits. Child Support Services (CSS) cannot garnish or issue an IWO to collect VA benefits. CSS can ask the VA to apportion a portion of the VA benefits, but it’s up to the VA how much they apportion, if any. The resulting apportionment does not depend on the amount of the child support obligation. Below is information about apportionment, but case specialists can also review for contempt against an NCP who has a reliable source of income.
You can apply for apportionment by filing VA Form 21-0788, Information Regarding Apportionment of Beneficiary’s Award. This link will take you to the OCSE Income Withholding and Medical Support for Department of Veterans Affairs Benefits Frequently Asked Questions page.
Workers can find information on Veteran’s Affairs on the Federal Parent Locator Service’s (FPLS) external locate sources. They can also search for the NCP’s information on the State Services Portal under Locate.
Texas also has a great FAQ on their website regarding VA Apportionment. The following link will take you to their website. Apportionment Veteran’s Benefits Dependents