Can Disability Income Be Used To Calculate Child Support and Alimony?

divorce lawyer Daniel ExnerQuestion:

I am a combat disabled veteran facing a child support order. Is my ex-wife entitled to child support and alimony from my V.A. disability and Social Security disability income?

Answer:

I am unable to give you legal advice on divorce. I can give general divorce help for men, though.

There are really two issues in your question:

1. Whether a court may seize your benefits for support; and

2. Whether a court can consider your benefits for setting support.

In general, the court cannot garnish your benefits directly because they are expressly excluded from garnishment under the federal code. That does not mean, however, that the court cannot consider them as part of your income available for support.

Your state’s child support laws should contain a list of income sources the court may consider to determine a child support award. Where I practice law, veteran’s, military, and disability income can be considered when determining your gross income and, by extension, your child support order.

Divorce Resources:

State Child Support Laws

If that is the case in your jurisdiction, the court may not be empowered to directly take your benefits but it could craft other remedies to ensure payment.

To fully advise you on your situation, a complete understanding of your situation is necessary. I recommend contacting a family law attorney to review your case.

Cordell & Cordell has men’s divorce lawyers located nationwide. To schedule an appointment with a divorce attorney, including Milwaukee Divorce Lawyer Daniel Exner, please contact Cordell & Cordell.

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2 comments on “Can Disability Income Be Used To Calculate Child Support and Alimony?

    father
    my child support got behind while i was going through disability,my wife is contesting the devorce.that she asked for,because she want’s me to pay the arear’s. so she can pay her bill’s!but the child has lived with me through the whole process my fiance!supported us all.i recieved food stamp to help.she picked her up on the weekends and sometime’s she wouldn’t show.my daughter want’s shared custody,she say’s she’ll agree if i give her 7000.00dl i’m behind

    Private school tuition
    I’m in California. My ex-wife has legal custody of our daughter. She enrolled her in private school and is now demanding I pay for it. We have an agreement on file that doesn’t include private school tuition, but she’s trying to lump it in with “daycare so she can work”. Thing is, my daughter got straight A’s in public school. She doesn’t need the private school. Furthermore, I support two other children and paying this would cripple me financially.

    I know that this is a discretionary case. How likely is it that a judge would order me to pay for this school? I have heard “it depends” from many lawyers, and I’m hoping for an answer with a few more details. Thank you!

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