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Divorce/Separation Post Reply     Print Topic    
User Topic: ? about VA disability and child support
AppalachianGal
♀ Member
Member # 31672
Default  Posted: 5:58 AM, May 1st (Thursday), 2014View ProfileEdit MessagePrivate MessageHomepage

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) 41; WS, 44
DD#1- 09/07/10 secret cell found, texting ho-worker. Denies EA/PA
DD#2- 12/29/13 admitted ONS (1993) with bar slut 3 yrs into marriage
DD#3- 01/21/14 ho-worker from 2010 involved "one-time BJ."

Posts: 447 | Registered: Mar 2011 | From: TN
k94ever
♀ Member
Member # 11176
Default  Posted: 8:13 AM, May 1st (Thursday), 2014View ProfileEdit MessagePrivate MessageHomepage

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

k9


BS: 56
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: 6579 | Registered: Jul 2006 | From: Wisconsin
Dreamboat
♀ Member
Member # 10506
Default  Posted: 8:31 AM, May 1st (Thursday), 2014View ProfileEdit MessagePrivate MessageHomepage

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: 17674 | Registered: Apr 2006 | From: A better place :)
hexed
♀ Member
Member # 19258
Default  Posted: 8:35 AM, May 1st (Thursday), 2014View ProfileEdit MessagePrivate MessageHomepage

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: 8459 | Registered: Apr 2008
AppalachianGal
♀ Member
Member # 31672
Default  Posted: 9:37 AM, May 1st (Thursday), 2014View ProfileEdit MessagePrivate MessageHomepage

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


BS (me) 41; WS, 44
DD#1- 09/07/10 secret cell found, texting ho-worker. Denies EA/PA
DD#2- 12/29/13 admitted ONS (1993) with bar slut 3 yrs into marriage
DD#3- 01/21/14 ho-worker from 2010 involved "one-time BJ."

Posts: 447 | Registered: Mar 2011 | From: TN
Topic Posts: 5

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