CS 734P-3 Notice to Withhold, Veteran’s Benefits
10/29/04 Training Completed
38 U.S.C. 3101; UCA 62A-11-103 and 406(4); and R527-378
Veteran’s Administration (VA) Disability Benefits are benefits that are based on either the veteran’s disability and wartime service (pension), or disability from service-connected injury or disease (compensation). Wage withholding is possible under section 42 of the United States Code if payment is for earned wages.
If you determine the non-custodial parent (NCP) is receiving benefits through the Department of Veterans Affairs, take the steps listed below.
1. Complete the “Request for Apportionment Review” to request the Department of Veterans Affairs conduct an “Apportionment Review”. You and the custodial parent (CP) must both sign the request. The VA Region Office will conduct an Apportionment Review for the CP and/or the child(ren). Mail the notarized letter to the VA office that is servicing the NCP’s benefits.
2. Complete and attach the “Statement in Support of Claim” to the letter. Provide documented proof of the CP’s income, assets and monthly expenses and have the CP sign the statement. When the VA Regional Office conducts the Apportionment Review they will contact the NCP and ask him/her to provide his/her income, assets and monthly expenses. The NCP is given a minimum of 60 days due process. If the NCP chooses not to respond, the VA Regional Office will use the most current information they have on the NCP to determine the amount to be withheld. If the NCP responds, the VA Regional Office will determine the amount to be withheld based on the information they receive from the NCP and CP. If possible, the VA will direct the payments to ORS/CSS once they receive the “Notice to Withhold Income for Child Support: Unearned.” However, if the CP is already receiving an apportionment the benefits may not be redirected to ORS/CSS. In these cases you will need to contact the CP to instruct him/her to forward the payments to: Child Support Services, ORS, PO Box 45011, Salt Lake City, UT 84145-0011.
NOTE: If the NCP is incarcerated in prison on a felony conviction s/he will receive only 10% of his/her benefits. In this case 90% of the benefits could be subject to withholding.
3. Attach a “Notice to Withhold Income for Child Support: Unearned” to the letter.
4. Attach a copy of the current child support order to the letter.
5. Attach a copy of the arrears debt computation to the letter.
6. If you receive information back from the VA indicating that the NCP is not subject to withholding, document this information in the case narrative.
If the NCP’s child is receiving VA benefits based on the NCP’s disability, refer to CS 852 Child Receiving Social Security Benefits Based on the Non-Custodial Parent’s Social Security.
NOTE: If you are collecting TANF arrears only and cannot have the
“Request for Apportionment Review” and “Statement in Support Claim” review completed by the CP, you may send only the “Notice to Withhold Income for Child Support, Unearned.”