Can My Disability Be Counted As Income For Divorce/child Support?

[hawkcrewchief]

I've done some research and read what the USC says on how no one can attach benefits to any hearing.

And I know the Supremacy Clause states that when state and federal law conflict federal law always wins. So how is it I'm being told I have to claim it as income, and it will be calculated into there crappy formula.... Please help!

[armorer]

My dad was a US Army Korean War vet (100% Mental Handicapped) and never paid my mother with 2 kids squat. He would just get us $50 toys on Christmas every 8 years (2 times total - a bike and a radio.) I just remember him taking me to the PX at Ft. Mac so he could drink a pitcher of beer one time, maybe twice, and letting me have any sandwich I wanted at McDonald's before he went to jail (so I would be a fetch-it boy.)

There were no stiff laws then, and even if there were, it may take more money and time to get than it's worth. I know my Mother would have done anything. Living in lower income neighborhoods is life threatening on the kids (or anyone really.) It was tough until she remarried to a WWII Navy Vet, RIP. My Step-Dad was the best, and had 4 kids of his own beforehand. Kids are a huge responsibility the VA can't assign overhead to oversee. The VA has difficulty enough enforcing the responsibilities congress mandated them to do in the first place. 

[Gastone]

Seminoles: Sounds like Hawk will still have to write the support check, unless he has Earned Income from a job.

I've known some disgruntled guys, always thought their Child Support payments went to support the X's new Jody. They never seemed to realize the cost of raising and providing for the kids. When they kept crying about it, I would use the old saying, think about it as "The Fxxxing you get, for the Fxxxing you got." Nobody rides for free, right.

Semper Fi

[Guest]

The crazy one here, I agree that this OP(Original Post) is too old and any questions should be posted on a new post.  Here's the thing, the laws has not changed. What changed over the years are lawyers and judges opinion of income. VA Benefits cannot be garnished but they can be apportioned if a certain amount is determined by the courts and written in the divorce decree for the veteran to pay. The spouse can contact VA to get the apportionment started with courts documents and if the veteran does not pay the spouse can go back to the courts and try to force the judge to make the veteran pay.  The judge will then tell the veteran to pay or go to jail even though these benefits are set up to care for the veterans disabilities, these benefits are also set up to care for the veterans dependents.  Lawyers and Judges then look at the amount each individual is making and totally ignore the veterans disabilities and set an amount where they feel is acceptable and if it is calculated in the divorce decree, the veteran will most likely have to pay it.  As someone said in a post years ago, if any veteran is pending a divorce it is best to find a military divorce lawyer and get  a good one or they will have to pay whatever the courts deem.  Now due to hardship to the veteran, the veteran can request the courts to lower a particular amount if it really causes hardships and some courts have agreed to this. The most recent post are not really about child support but are about extracurricular activities. These activities are above and beyond the child support and the veteran does not have to pay for these. S/He will just have to explain to their children that they cannot afford it at the moment and have them choose another activity that does not cost as much. Of course this is my humble opinion and I hope the best for the veteran and his/her family.  Yes I went through this a few years ago and now kids are in college, CH35 really helps.

[brokensoldier244th]

They cannot go to the VA and take it directly, but once its in your account or in your possesion it is just income, like anything else. Thems the breaks and has always been so.

[yoggie2]

Well Brother some aren't going to like this post or the answer to it. The ANSWER is NO but the child in question is entitled to the bene's you receive on the child's behalf. if your 100% I think its 80 or 90 bucks. I myself just went through this little under 2 years ago, VA Disability can not be attached by anyone. How ever worse case scenario if you wife leaves or vice versa she will get no more than than half you SSA and the childs check from SSA PERIOD. I to am from Florida and I no how they work and they work to screw the father period. Everyone you will not be sympathetic to you because there first thought is you a dead beat DAD, you are not you are disabled and don't want to be left homeless and broke and FL will do that if you do not fight back. You give what your supposed to and no ore because at the end of the day you will be giving a lot. I currently give 600+ for one child you are not entitled to share your VA disability with others only SSA with your children. Get you a lawyer and you will find out what I say is trueand put that "your just trying to get over" crap out of your head that is what others are thinking. If she gets it its because you gave it to them or did nothing to protect your self. Not my business I suggest you guys work it out if possible...... Good luck hope this helps No State or local Gov can attach VA Bene's period. Been there say that got the tee shirt! Hope this helps.. Yogg

[brokensoldier244th]

That may be the case in FLA in some situations, but the answer to his overall question is, the judge will set an amount based on all income-and that means everything-not the IRS definition of income. Therefore the judge sets a number for maintenance and it is the other partners responsibility to come up with it from whatever sources are available. Legally they are not touching your disability directly, which they cannot do, but they can and will use that amount for spousal maintenance and/or child support.