Question:
I will be receiving the post-9/11 G.I. bill and with it Basic Housing Allowance (BAH). Can my ex-wife try to get any of those funds for child support?
Answer:
The funds that are disbursed via the G.I. bill are earmarked funds specifically set out for use in obtaining post-secondary school education and as such are most typically unavailable for attachment by your spouse in regards to any amount of child support owed.
While there may be some exceptions to this depending on previous standing orders or agreements between the parties referencing a division of certain portions of these funds post disbursement, most often these funds are specifically paid directly to schools or institutions on direct payment schedule based upon costs associated therein. While it is possible to attach almost any funds post-disbursement to an individual, it is much more difficult to do so when those funds are disbursed to an institution and are specifically earmarked as such.
While I would still highly suggest that you contact an attorney to discuss the matter in more detail, based on the cursory view of the facts as stated I would say that the likelihood of your spouse garnishing or attaching those funds is somewhat remote.
Although I practice law in Texas, I cannot give you legal advice without thoroughly reviewing your case. Do not rely on this information as establishing an attorney-client relationship. Contact an attorney immediately for assistance. Cordell & Cordell, P.C. does represent clients in Texas. Thank you for submitting a question to Cordell & Cordell, P.C.
Samuel M. Sanchez an Associate Attorney in the Fort Worth, Texas, office of Cordell & Cordell P.C. where his primary practice is exclusively in the area of domestic relations. Mr. Sanchez is licensed in the state of Texas where he is a certified mediator, interview/interrogation specialist, and is appointed by Gov. Perry to the Board of Regents for Midwestern University. Mr. Sanchez received his Bachelor of Arts from Texas Tech University, and received his Juris Doctor from Wesleyan Law School in Fort Worth, Texas.
If I remember right these are privledges not rights given to you from base to base. You have request to live off base or apply at a housing office to recieve BAH. It automatically gets sent too the rental office. While mortgaes, money is sent to your bank, then bank account sends it to the mortgage lender.