How true is it that the federal law on Veterans’ Benefits was written to protect the veterans’ benefits from being awarded, under any legal process, to third parties, as written on Title 38, U.S. Code, Section 5301 and following provisions?

Although federal disability benefits are exempt from claims of ordinary creditors, the law provides for the use of these benefits to fulfil the “legal obligation of the individual to provide child support or alimony, as stated in 42 USC § 659 which is entitled “Consent by United States to income withholding, garnishment, and similar proceedings for enforcement of child support and alimony obligations.” In 42 USC § 659(a), it states that:

“(a) Consent to support enforcement

Notwithstanding any other provision of law (including section 407 of this title and section5301 of title 38), effective January 1, 1975, moneys (the entitlement to which is based upon remuneration for employment) due from, or payable by, the United States or the District of Columbia (including any agency, subdivision, or instrumentality thereof) to any individual, including members of the Armed Forces of the United States, shall be subject, in like manner and to the same extent as if the United States or the District of Columbia were a private person, to withholding in accordance with State law enacted pursuant to subsections (a)(1) and (b) of section 666 of this title and regulations of the Secretary under such subsections, and to any other legal process brought, by a State agency administering a program under a State plan approved under this part or by an individual obligee, to enforce the legal obligation of the individual to provide child support or alimony.”

And also within 42 USC § 659(h), one of the moneys subject to process is the disability benefit is the disability paid to a former member of the Armed Forces if the member “has waived a portion of the retired or retainer pay” to receive the disability benefit.

42 USC § 659(h)(1)(A)(ii)(V)

“(1) In general

Subject to paragraph (2), moneys payable to an individual which are considered to be based upon remuneration for employment, for purposes of this section—

(A) consist of—

(ii) periodic benefits (including a periodic benefit as defined in section 428 (h)(3) of this title) or other payments—

(V) by the Secretary of Veterans Affairs as compensation for a service-connected disability paid by the Secretary to a former member of the Armed Forces who is in receipt of retired or retainer pay if the former member has waived a portion of the retired or retainer pay in order to receive such compensation;”

Would you like to discuss your legal matter?


Contact Us RECEPTION (209) 492-9335

Click Here to Request a Consultation Via Chat

Our receptionist will assist in scheduling new and existing clients for all offices. For initial consultations we will ask you a few questions and then find the best time for you to talk to one of the lawyers that best fits your legal matter.

Call us or use the email form and we will follow up with you right away.


The Law Offices of Tom Hogan will provide you with personalized attention and guidance. Protecting your rights is our main objective. We have been representing clients for the past 30 years and our experienced team of attorneys will advise you of the legal consequences of every decision you take.
Back to top