If Ex Wins Custody Case, Can I(100%disabledVAvet) be forced to pay her attny fees?

by Eric
(New Mexico)

I am a God fearing (single by choice from now on) father of 1 awesome 9 y.o. boy who is currently embroiled in a custody case with my ex-wife, we were divorced in 04'. I am 100% disabled thru the V.A. (injuries to my spine) and thru SSDI (Bipolar disorder). These are my only sources of income since I am classified as un-employable. It makes it possible to pay my bills are provide child support (over and above what I'm liable for) and for myself. I can't afford an attorney so I am pro se.

If by some chance I was to lose this case and ordered by the judge to pay for my ex's attorney fees, can I be forced to pay?? Can they dock my income sources?? Oh, my ex has a good gov't job and makes more $$ than I do. If they can steal this $$ from me and not make her pay for her own bills then I'll be forced to file to bankruptcy I guess :>(



It sounds like you may be judgment proof as there are limited circumstances under which disability benefits can be seized by creditors (an attorney to whom you owe money can be a creditor). The best way to find out if this is the case is to go ahead and get a consultation with a bankruptcy attorney who can tell you whether your benefits could be at risk here.

We hope that helps!

Comments for If Ex Wins Custody Case, Can I(100%disabledVAvet) be forced to pay her attny fees?

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Nov 19, 2011
Many Thx!
by: Eric R

It surely does help! That's exactly the way I hope my judge see's it (I know her, she is a good moral and Godly woman). I could definitely see how an attorney would be viewed as just another creditor. Again,,, Thank you!
-Eric :>}

Jan 29, 2012
V.A. Benefits Exempt
by: Jacob0821

Hello friend,

I'm currently in a situation some what similar to yours. I have creditors trying to sue me and seuing me. I only receive my 100% veterans administration disability. I can not afford an attorney but I have did a lot of research and from what I understand, the ONLY time Veterans Benefits can be garnished / taken/ etc. is if the person owes a debt to the federal government. Such as IRS, veterans home loan foreclosure, student loan. So from what I understand, your Veterans Disability check can not be garnished.
Here comes the BUT ----

If your like me you have direct deposit so you have to make arrangements making sure the court knows that your VA check goes direct deposit to XXXX bank so the judge can enter an order saying since your VA funds are EXEMPT your wife's lawyer can't take anything from the bank account your direct deposit goes into.

You really need to check with an attorney in your state to make sure where you need to file the motion/papers with the court to exempt your disability check (s).

Please check online with local veteran assistance groups in your state / area. They will be glad to help you in any way. Call your local attorney bar association or may be listed as lawyer referral and ask for a PRO BONO attorney, make sure you tell them your a disabled veteran. ( hopefully an attorney checking the pro bono system is a veteran)
I am really there with you in spirit my friend so don't give up and don't give in.

Most important, do not wait as once her attorney sues or get's a judgement and attaches your bank account you could be out some of the money for that month until you do get an exemption for your disability pay.



Feb 03, 2012
Disability Pay Can't be garnished
by: Emile Zola

I'm not a lawyer, but your wife doesn't have any entitlement to your VA disability ever. It's the law, ergo, nobody can garnish your disability pay, not a court, nor nobody. Don't waste your time and money talking to a lwayer.

Feb 05, 2012
Thank You All!
by: Eric R

You all have been a great help. Well on the 23rd of Jan, I had the actual TRIAL (big surprise to me!, I thought it was a scheduling conference.) I was denied Joint custody, but on the good side the judge ordered us back to mediation, for us to make progress and settle on an improved visit schedule for me and my son. So, I guess she won/ and she lost. I don't get joint cust, and she doesn't get re-imbursed for her outrageously expensive attorney :>)

Jan 21, 2015
by: csthy

I owe a non secured debt. I live in KY and the debt collector lives in FL my caller ID showed a cell phone here in Ky my point i was told they were going to take my car put a lien on our home, garnish my husbands wages. I was so scared of the rest of our conversation all I could do was cry.

She said I have to pay 758.00 up front then 210.00 till the settled part is paid 1500.00..I'm afraid to answer my phone. I can't pay that big amount I can pay something just not that big amount..PLEASE HELP SOON I HAVE TO SOMETHINGTh Thank you

Reply from DebtCollectionAnswers.com:

This must be so stressful for you. Debt collectors can't threaten to take action they can't legally take. And they can't put a lien on your car or take your wages if they don't have a court judgment first. It's possible you are not even dealing with a legitimate debt collector.

Please read our ebook which is free. You'll learn about your rights. Download our ebook here.

Sep 06, 2015
YES they can
by: Anonymous

Yes your VA pay can be garnished. I'm a ex-wife. I receive portion of my ex's VA pay for child support.

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