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


hawkcrewchief
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Question

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!

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On 12/16/2010 at 7:40 AM, carlie said:

I believe everyone should support their children

both financially and emotionally - we need to be there

for our children.

 

Here's lots of links in regards to the OP question.

 

http://www.google.com/search?sourceid=chrome&ie=UTF-8&q=va+disability+benefits+%2Bchild+support

We do support the children above and beyond the court order. Pay 100% of air fare to include an extra round trip ticket because the mom thinks the children will be abducted, even though children are 8 and 11. 

Every time kids visit we spend $250 plus because all clothes sent are way to small and not proper for the climate.

During summer visits they're enrolled in summer camp 3X's a week, while we still pay her monthly support of $1100. In addition to camp, they have weekly horse riding lessons, skating lessons, 4-H camps, and karate. 

Anything extra for school we end up footing those bills as well. Oh, mom screwed up the insurance for a surgery and now expects us to pay the full $5k immediately.

When with mom they have ZERO extracurricular activities. So as far as supporting children both emotionally and medically, we can't afford much more unless we want to loose everything. 

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This is about a 5 year old post.  Basically, a wife can call VA and tell VA she has a court ordered child support of xxx dollars per month.  The VA will tell the wife to send a copy of this court order, and VA will "apportion" the applicable xxx dollars per month.  In other words the VA will withold xxx dollars from the Vet, and deposit this money to the wifes account, per the court order. 

Whether we like it or not, the VA does this.  

The VA wont "apportion" mastercard, if you did not pay that bill, and they wont "apportion" your doc bill either.  But child support or alimony will result in a near immediate apportionment of your funds.  

The regulation is here:

21.330 Apportionment.

(a) General. Where in order, VA will apportion subsistence allowance in accordance with § 3.451 of this title, subject to the limitations of § 3.458 of this title. If the veteran is in receipt of benefits at the Chapter 30 rate, VA will not apportion these benefits.
(Authority: 38 U.S.C. 5307(c))
(b) Effective date. The effective date of apportionment will be as prescribed in § 3.400(e) of this title.
(Authority: 38 U.S.C. 5307(c))
(c) Child adopted out of family. Where evidence establishes that a veteran is the natural parent of a child or children legally adopted outside of the veteran's family, VA will apportion in favor of the child or children only that additional amount of subsistence allowance payable on account of the existence of the child or children. The veteran is not entitled in his or her own right to the additional amount of subsistence allowance payable for the child because of the existence of the child unless the veteran is contributing to the child's support.
(Authority: 38 U.S.C. 5307(c))
(d) Veteran convicted of a felony. The subsistence allowance of a veteran in a rehabilitation program after October 17, 1980, may not be apportioned if the veteran is incarcerated because of conviction for a felony.
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Does the VDPA still stand as offical?

Can VA benifits & SSI be used when deciding a child support amount here in FL? If it those are the source only income.

 

I have look and still find different answers.

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Yes. They can't garnish it directly but they can use it to figure support,

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At least you won't have to worry about Writing the Check or falling behind on your monthly Support Payments. Between the VA and the Child Support Division at the Court, your kid's should be well provided for through age 18 or until they get out of college.

Your wife will never be able to call you a Dead-Beat Dad.

Let us know what the final Monthly Number is.

Semper Fi

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3 hours ago, brokensoldier244th said:

Yes. They can't garnish it directly but they can use it to figure support,

 

3 hours ago, brokensoldier244th said:

Yes. They can't garnish it directly but they can use it to figure support,

I am in Florida and receive SSDI and TDIU, most definitely it is used for child support calculations, I disclose every penny of it.  I use it to support my children just like any other income.  It may not be garnishable but if you don't pay it, you will lose your license and can be found in contempt.  Just because we are disabled doesn't mean we aren't financially responsible for our children which is calculated by the courts quite equitably here in Florida.

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