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VA Disability Benefits - Child Support

Holmes v. Alabama Department of Human Resources, [Ms. 2170798, Oct. 5, 2018] __ So. 3d __ (Ala. Civ. App. 2018). This unanimous decision by Judge Thomas affirms the Montgomery Circuit Court’s judgment in a judicial review proceeding under the Administrative Procedure Act affirming the Department of Human Resources’s levy of Veterans Administration disability benefits to pay a child support obligation of the veteran. Relying on the United States Supreme Court’s decision in Rose v. Rose, 481 U.S. 619 (1987), the court noted that VA disability benefits “‘are intended to support not only the veteran, but the veteran’s family,’ ....” Ms. *12. Consequently, the court affirmed the circuit court’s affirmance of DHR’s levy on the father’s VA disability benefits to satisfy his child support obligation. Ms. *18.

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