Garnish Military Pension

READER QUESTION

Can my military pension or VA benefits be garnished?

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Bills.com Resident Expert
Feb 09, 2012
HIGHLIGHTS
  • Judgment-creditors cannot, generally speaking, garnish VA benefits or military pensions.
  • Administrative garnishment for child or spousal support may be allowed.
BILL'S ANSWER

Generally speaking, VA benefits and military pensions are not subject to execution, levy, attachment, garnishment, or other legal process. However, there are exceptions for child support and support of divorced spouses.

Active military and other federal employees are subject to garnishment for what the federal government calls "commercial" debt. However, I can find no laws that allow garnishment of military pensions or VA benefits, aside from the IRS' authority to do so.

Direct-deposit your pension benefits into a separate account that contains funds from no other sources. Ask your bank or credit union to place a notation on that account stating the funds in that account are pension benefits not subject to attachment.

See the Bills.com resource Military Debt Consolidation to learn how to resolve debt if you are an active service member.

I hope this information helps you Find. Learn & Save.

Best,

Bill

Bills.com

Comments (2)


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James P.
Clarksville, TN  |  September 09, 2011
Can the military PX known as Army Airforce Exchange System garnish my tax refund if I am no longer in the military and became retired?
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Bills.com
September 09, 2011
My experience with military justice is nil, and my study of it is slight. Consult with a JAG to learn more about your liability for PX-related debt, and what, if any, administrative action the PX can take to garnish your military pension or IRS tax return.
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