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Divorce/Separation :
? about VA disability and child support

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 AppalachianGal (original poster member #31672) posted at 11:58 AM on Thursday, May 1st, 2014

My H gets disability from the VA due to injuries sustained in Iraq. Does anyone know what happens if we divorce concerning child support and his VA disability? I know that *I* cannot personally receive any of his VA, but my question is -- Does the court count his VA disability as income that is used to figure child support? I've been told no.... by him. Anyone with experience with this?

This isn't the same as his Guard retirement. Since we've been married over 20 years, I know I get HALF when we divorce when he reaches the age to draw it, which I believe is like 62.

BS (me) 45; WS, 48
M - 1990; 3 adult children
Burner phones, Multiple EAs/PAs, ONS, Backpage/Craigs List prostitutes were the final straw. Separated 03/20/17- Divorced 11/14/17

posts: 490   ·   registered: Mar. 29th, 2011   ·   location: On my way UP
id 6781242
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k94ever ( member #11176) posted at 2:13 PM on Thursday, May 1st, 2014

I'm pretty sure VA Disability is NOT used to compute CS.

k9

BS:61
WS: 53
Betrayed: 24 years
Affairs: 15 (2 lasted 3 months. Rest were ONS)
WS died: 16 May 2011
Do not stay in your hurt forever. Choose to move out of it.

posts: 7747   ·   registered: Jul. 3rd, 2006   ·   location: Wisconsin
id 6781329
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Dreamboat ( member #10506) posted at 2:31 PM on Thursday, May 1st, 2014

I found some links on this subject:

http://www.nclamp.gov/l_va%20disability.pdf

http://www.vetsspouse.com/Child_Support.html

http://www.military.com/features/0,15240,245321,00.html

http://www.acf.hhs.gov/programs/css/resource/income-withholding-and-veterans-benefits

And it's hard to dance with a devil on your back
So shake him off
-- Shake It Out, Florence And The Machine

posts: 17695   ·   registered: Apr. 25th, 2006   ·   location: A better place :)
id 6781345
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hexed ( member #19258) posted at 2:35 PM on Thursday, May 1st, 2014

My SO's XWW gets 100% disability. It was used to calculate child support in our state. You may need to check your state's child support guidelines. Although it's a federal program, state guidelines will apply.

Also, if your children are eligible for SSDI because of his disability that may be used in calculating CS.

But that's just a lot of water
Underneath a bridge I burned
And there's no use in backtracking
Around corners I have turned

“Many of us crucify ourselves between two thieves - regret for the past and fear of the future.” -foulton oursler

posts: 9609   ·   registered: Apr. 24th, 2008
id 6781349
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 AppalachianGal (original poster member #31672) posted at 3:37 PM on Thursday, May 1st, 2014

Looks like it IS figured in as income for child support, just like I thought. Thanks!!

BS (me) 45; WS, 48
M - 1990; 3 adult children
Burner phones, Multiple EAs/PAs, ONS, Backpage/Craigs List prostitutes were the final straw. Separated 03/20/17- Divorced 11/14/17

posts: 490   ·   registered: Mar. 29th, 2011   ·   location: On my way UP
id 6781445
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