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? about VA disability and child support

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AppalachianGal posted 5/1/2014 05:58 AM

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.

k94ever posted 5/1/2014 08:13 AM

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

k9

Dreamboat posted 5/1/2014 08:31 AM

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

hexed posted 5/1/2014 08:35 AM

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.

AppalachianGal posted 5/1/2014 09:37 AM

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

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