Overview
In This Section |
This section contains the following topics:
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1. General Information About Garnishments
Introduction |
This topic contains general information about garnishments, including |
Change Date |
April 10, 2015 |
III.v.3.D.1.b. Legal Authority for Garnishing VA Benefits |
There is no statutory prohibition against the garnishment of military retired pay (MRP) when the Veteran is in receipt of Department of Veterans Affairs (VA) disability compensation.
Under Public Law 95-30, a Veteran’s disability compensation may be garnished in order to pay alimony or child support pursuant to a court order only if the Veteran receives disability compensation in lieu of an equal amount of MRP, in accordance with a total or partial MRP waiver. In these cases, under 5 CFR 581.103, finance activity and the Veterans Service Center (VSC)
Reference: For more information on the responsibilities of finance activity and the VSC see, M21-1, Part III, Subpart v, 3.D.2.
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2. Processing a Garnishment Order
Introduction |
This topic contains instructions for processing a garnishment order that involves a Veteran who is receiving diability compensation in lieu of MRP, including
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Change Date |
April 18, 2018 |
III.v.3.D.2.b. Finance Activity Responsibilities With Regard to Garnishment Orders |
The table below describes the actions an FO takes when processing a garnishment order.
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III.v.3.D.2.c. VSC Responsibilities With Regard to Garnishment Orders |
When a VSC receives a garnishment order from an FO because the order involves a dependent on a Veteran’s award, the Veterans Service Center Manager (VSCM) or a designee processes the garnishment as an apportionment.
References: For more information on processing apportionments in
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III.v.3.D.2.d. Responsibility for Making Delinquent and Recurring Payments and Notifying the Veteran |
If the garnishment order mandates a specific amount be paid (a delinquent payment) with
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III.v.3.D.2.e. Handling Changes in the Amount of Disability Compensation or MRP |
If VA is garnishing a Veteran’s disability compensation, and the amount of disability compensation or MRP to which the Veteran is entitled changes (for reasons other than a cost-of-living adjustment), the VSCM or a designee reviews the claims folder to determine if action to adjust the garnishment may be necessary.
If adjustment of the garnishment is necessary,
Note: Complete all actions locally even if the garnishment order was originally processed elsewhere.
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Historical_M21-1III_v_3_SecD_4-10-15.doc | May 16, 2019 | 88 KB |
2-8-17_Key-Changes_M21-1III_v_3_SecD.docx | May 16, 2019 | 54 KB |
Change-April-10-2015-Transmittal-Sheet-M21-1III_v_3_SecD_TS.docx | May 16, 2019 | 40 KB |
4-18-18_Key-Changes_M21-1III_v_3_SecD.docx | May 16, 2019 | 51 KB |
2-19-19_Key-Changes_M21-1III_v_3_SecD.docx | May 16, 2019 | 42 KB |
in Chapter 3 Apportionments, Part III General Claims Process, Subpart v General Authorization Issues and Claimant Notification
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