I am the wife of a disabled marine, who is being medically retired this month due to combat related injuries. Thank you for this opportunity to discuss our legal questions! Do you have any backround in handling military disability pay & child support?
I do have general power of attorney for my husband & he has a child support obligation which needs review upon his retirement. We have not sought a modification until now.
The original agreement for child support was for Moore County, North Carolina, but while my husband was abroad, the mother moved to South Carolina (and has been living there for over a year). I am not sure which state has jurisdiction for our child support order, since my husband is still a legal resident of NC, and has been during his years of service. We also are unclear as to what the court would deem as income in regards to VA disability payments, unemployment, and social security, etc. (We are not even sure what we will be receiving yet, when should I file for modification? Can I file now in the hopes we will have a court hearing sooner, or should I wait until we have all the necessary current paystubs, etc?)
Any advice you can give me on this situation would be very appreciated!!! We are looking at a huge financial crisis as we are uprooted from being stationed in California, & both of us losing our jobs (for me, due to having a baby in January and moving back to NC I can not go back to work after my maternity leave is over).
Thank you very much for your time and consideration.
Unfortunately, all those sources of income would count for child support purposes.
After reading about child support payments/gross income requirements from North Carolina Child Support Guidelines
I am still confused…Is my VA Disability considered income?
I asked the VA and I was told no one can take my VA Disability, but the response on this thread has me worried. Also, my ex gets the portion of my VA disability that is awarded due to my having been married with kids so doesn’t that count for something with regards to child support?
(1) Gross Income. “Income” means a parent’s actual gross income from any source, including but not limited to income from employment or self-employment (salaries, wages, commissions, bonuses, dividends, severance pay, etc.), ownership or operation of a business, partnership, or corporation, rental of property, retirement or pensions, interest, trusts, annuities, capital gains, social security benefits, workers compensation benefits, unemployment insurance benefits, disability pay and insurance benefits, gifts, prizes and alimony or maintenance received from persons other than the parties to the instant action.
VA disability income is considered income for child support purposes. However, your VA disability income likely cannot be garnished (wage withholding) for the payment of child support as it could if you received a regular paycheck due to employment.
If the VA payments the other parent receives are for the benefit of the child(ren), then they do count as income and are deductible from your child support obligation (assuming you are the parent paying child support).
The applicable section of the Child Support Guidelines is located under the “Income” heading and is the third paragraph, which reads as follows:
“Veterans Administration benefits and Social security benefits received for the benefit of a child as a result of the disability or retirement of either parent are included as income attributed to the parent on whose earnings record the benefits are paid, but are deductible from that parent’s child support obligation if the benefits are paid to the other parent. If the Social Security or Veterans Administration benefits received by the child are based on the disability or retirement of the obligor and exceed the obligor’s child support obligation, no order for prospective child support should be entered, unless the court decides to deviate.”
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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