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Topic: ? about VA disability and child support

AppalachianGal
♀ 31672
Member # 31672

Posted: 5:58 AM, May 1st (Thursday), 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) 44; WS, 47
M - 1990; Too many indiscretions now to count. Backpage/Craiglist hookers were the final straw. Separated 03/20/17

Posts: 482 | Registered: Mar 2011 | From: On my way UP

k94ever
♀ 11176
Member # 11176

Posted: 8:13 AM, May 1st (Thursday), 2014

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

BS: 58
WS: 53
Betrayed: 23 years
Affairs: 14 (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: 7487 | Registered: Jul 2006 | From: Wisconsin

Dreamboat
♀ 10506
Member # 10506

Posted: 8:31 AM, May 1st (Thursday), 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 2006 | From: A better place :)

hexed
♀ 19258
Member # 19258

Posted: 8:35 AM, May 1st (Thursday), 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: 9593 | Registered: Apr 2008

AppalachianGal
♀ 31672
Member # 31672

Posted: 9:37 AM, May 1st (Thursday), 2014

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

BS (me) 44; WS, 47
M - 1990; Too many indiscretions now to count. Backpage/Craiglist hookers were the final straw. Separated 03/20/17

Posts: 482 | Registered: Mar 2011 | From: On my way UP

Topic Posts: 5

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