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!

[carlie]

Hey - he did post that he currently pays $750.00 a month for child support

so he's not being a dead beat parent.

Perhaps the extra compensation dollars he gets for the child as a dependent

will also go to the child's care, when the child is with him.

At least I hope it works out this way.

JMHO

PS - perhaps someone can supply him a link to the Gerry Berry (sp) stuff.

[brokensoldier244th]

I hope anything I said didn't insinuate that at all. I DO see a lot of Q about this, and a lot of indignation about it and the spousal support for retired pay. I don't think all the rules are fair, but I do feel if you are getting the dependent rate then at least that part of it should be figured into income and maybe not the whole amount. I also feel that if a paternity test finds that it is not your child that you should be off the hook, and in a perfect world remunerated by the State for what you paid.

Hey - he did post that he currently pays $750.00 a month for child support

so he's not being a dead beat parent.

Perhaps the extra compensation dollars he gets for the child as a dependent

will also go to the child's care, when the child is with him.

At least I hope it works out this way.

JMHO

PS - perhaps someone can supply him a link to the Gerry Berry (sp) stuff.

[LarryJ]

I hope anything I said didn't insinuate that at all. I DO see a lot of Q about this, and a lot of indignation about it and the spousal support for retired pay. I don't think all the rules are fair, but I do feel if you are getting the dependent rate then at least that part of it should be figured into income and maybe not the whole amount. I also feel that if a paternity test finds that it is not your child that you should be off the hook, and in a perfect world remunerated by the State for what you paid.

Yeah, well, right. Rotsaruck! I have a "daughter" that I have been paying for, for 35 years (I paid child-support for the first part (18 years) of her life, then college, then help with a downpayment for a house (well, it STARTED out to be "help", to be re-paid, but we all KNOW how that turned out, right?). I never had the heart to tell my "daughter" that I was overseas for the entire year before she was born! And, of course, NEITHER DID HER MOTHER!

oh well, what tha hell, right?

[yoggie2]

The funny part about this is your child/children will receive a SSA check as well (assuming you totally Disabled), My EX tried to hide this payment hoping to double dip till she was caught and didn't even show up at court. What others say is true to some existent. They (FL) will try to make you pay more ALWAYS, Florida is the worst I ever seen, it makes for another great revenue gathering campaign as well! Suspended DL's , fines , court cost, late fee's and Jail..the truth is you will be guiltted in to poverty if you let them. Florida I read has ramped up efforts to collect back fee's that had long been forgotten as far back as 10 years . A buddy of mines wife was arrested on a fee from a case that was thrown out 7 years ago. Sheriffs approached his house in paramilitary swat gear and riot shotguns drawn, boots and all, because a warrant was issued on a $35 court cost she had no idea existed and they stood and watched her get dressed and took her off to jail for ten days and said that she could no longer be arrested for the fee if she chose no to pay it, it would now just go on her credit. little off topic sorry, just to show ya FL aint playing around. Get you the kind of Lawyer you need cause you don't want this kinda stuff following you around. Larryj is right though they(FL) will use everything you got to take all the SSA max they can take. The up side the will look at the mom as she has a full time job whether she has one or not to limit the bleeding....yog

[deltaj]

In many states you can request an audit of CF funds, and usually there is some compelling interest required in raising a support amount as well. Good luck.

Don't forget that in addition to food and clothing your child requires housing and your ex has to have a vehicle to transport the child to school and to medical appointments. Keep you child support current and keep your cancelled checks in a safe deposit box to prevent theft. If you are outside a courtroom, maybe you should fail to complete any forms showing your new income or refuse to answer any questions about your income. Also if you show up in court the judge has contempt power and may be able to order you to submit information on your income. If you don't show up and your whereabouts are unknown your ex may be able to serve you via publication. I'm not sure if a judge would find you in contempt if you don't show up in court on a request for modification; Talk to an attorey about this. Your V.A. compensation and Social Security are not taxable unless your taxable income exceeds a certain allowable amount called the Social Security earnings limit. Make sure you file your taxes timely if you still have taxable income because if you don't file your taxes your income will not count for Social Security work credits as taxable income. By the way I think that the V.A. is probably not going to tell your ex or the child support division anything about your current income because of the Privacy Act.

[john999]

Like I said, get a lawyer who has done military divorces before to represent you. They know about this stuff and fine points of the law. Don't dare go into court unless you have a good lawyer. Many is the retired military guy who gets a divorce after he retires and finds his retirement going 50/50 to ex-wife as it probably should. I don't think they can touch disability pay for alimony. The courts hate any sort of possible dead beat dad so from what I know they will go after child support if you have a dime.