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My name is Rick McClain, i recently been awared a Disabilit from the military for getting disable while on active duty in the United States Marine Corps. I owe child support to the county of los angeles, California. it took me 17 months to get this compensation. The award letter that i recieved stated the no one could attach these funds nor levy unless i owe the United States of A,merica. The child Support Services put a levy on my account and said basically to bad for me. Can anyone please tell me how to fix this.




You award can be garnished for county, state or federal debts including child support. You should be happy your child is getting the money.

Sub: #1 posted on Fri, 08/24/2012 - 13:27

SOAPLADY SOAPLADY
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There might be special protection for service members... call the VA.

Sub: #2 posted on Fri, 08/24/2012 - 15:02

waffles waffles
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From what I just googled, child support enforcement can get any benefit military or not. Military members are expected to keep up with their child support responsiblities.

Sub: #3 posted on Fri, 08/24/2012 - 15:20

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That's something he'd have to find out from the VA though. I know social security can't be touched by garnishments/levys, and if the thing he received from the Marine Corps said that this money cannot be taken by anyone else, then I'd say he should look more into it. It's not my place nor yours to pass judgement on him for not paying child support... the guy was injured on active duty and probably hasn't a penny to his name and I find it sort of disgusting that money for a servicemember can be levied just like that.

Sub: #4 posted on Sat, 08/25/2012 - 13:09

waffles waffles
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Quote:
I know social security can't be touched by garnishments/levys,


You are wrong....student loans routinely garnish social security

Just googled this. Service members are treated no differently.

There are a number of circumstances when the Federal government can garnish Social Security benefits.
Social Security will garnish benefits:

  • To enforce child support or alimony obligations under 42 USC 659.
  • To enforce a valid garnishment for court-ordered victim restitution under 18 USC 3613.
  • To collect unpaid federal taxes under 26 USC 6334(c).
  • To have a portion of your check withheld to satisfy a current year federal income tax liability under 26 USC 3402 (P).
  • Other federal agencies will offset benefits to collect money from benefits to pay a non-tax debt owed to that agency according to the Debt Collection Act of 1996

Sub: #5 posted on Sat, 08/25/2012 - 13:52

SOAPLADY SOAPLADY
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Federal student loans, but not private ones I'd assume?

I just know from my experience I've dealt with accounts of plenty of old people who I've had to just essentially forgive the balance of because they are living off social security and we can't sue them for it. I suppose you're right with regards to child support though. It seems based on the law you quoted it's one of the things that can be levied/garnished. I concede defeat unless the VA tells him differently.

Sub: #6 posted on Sat, 08/25/2012 - 16:23

waffles waffles
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Private loans are like any other consumer debt when it comes to collections. Except for the non discharablity in bk, they have no special priveleges.

Sub: #7 posted on Sat, 08/25/2012 - 16:44

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