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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
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.
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
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
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
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