Question:
Hello Jim, I have a question about child support in regards to military pay and VA compensation. My ex-spouse has been ordered to pay child support. She is retiring next year. She has stated "my pay will go up (anticipating VA disability rating)" However, she stated that her child support payment will go down because her VA compensation will not be a factor, only her retirement pay. I have found conflicting information on the VA site and want to get ahead of this. Dad has full custody of the two children and she is not involved in any of the parenting. Please advise, thank you
Jim's Reply:
Every family court that I'm aware of will use all income sources to determine child support and alimony. Many veterans make the mistake of believing their VA disability benefit money is exempted from divorce court because it's tax exempt. The fact is that VA disability money is intended to support and care for the veteran and the family of the veteran and divorce doesn't throw out that obligation.
Typically the court will require each party to complete a fairly standard financial statement listing incomes, debts and properties. From that set of numbers and using your state court formula, a calculation of obligations will be made and enforced. Over the years I've met a number of vets who decided they didn't have to comply since they knew very well the judge was wrong. They wrote to me after their weekends in jail, so that's not a great thing to argue with the magistrate.
In divorce court all income must be accounted for. Whether Lotto wins or poor old Aunt Gertrude left her fortune to you, the court wants to know and will make the decisions on who owes what to who.
Pro tip: The only thing you have going for you in divorce court is your credibility to the judge. Being up front, honest and courteous to the court is the way to exit with your skin intact. In most divorce courts the children are the focus of the court and if you agree, you're way ahead.
Good luck.