Question:

Hello,I currently reside in Florida however my soon to be ex wife and two daughters reside in Missouri. My only source of income is currently (and had been for over a year) VA competition disability. I served in Iraq and I’m 70% disabled, service connected. I currently receive $1,668.20 a month for said disability and $360 of that is dependent support. My current state issued child support amount is $1,157.00 a month. The VA gives me a said amount to live on and gives me a said amount to support my dependents on. My question is, can they legally take more money than what has been allotted for my dependents? And if that is lawful are they allowed to take almost 70% of my entire income? I’m pretty backed up on child support and have recently been cleared of a felony charge due to this back support but honesty, who can live off of $511 a month. Also my soon to be ex wife does work for the state and makes +/- $30,000 annually.  Thank you for any answers and help you may give me and thank you for taking the time to hear me.

Jim's Reply:

A disability compensation is meant to replace the money you would earn if you worked. Thus it is seen as income to support you and your family. After divorce your children are still your family and the law of the land says you need to care for them. Thus, your VA money is your income and you must report that to the court. The court will use your financial statement and hers to determine how much your contribution should be. Since you aren't 100% disabled the court may question why you aren't working and if the court determines that you could be working, even at a part time job, the judge may imputer earned income that you could be earning and base your child support on that. Yes, this is the way it works and if you don't catch up, your ex can ask VA to apportion your disability money so that a set amount goes from your check directly to your ex. I advise every vet who has a child support order to meet the obligation one way or another. The obligation lasts forever...you could be 60 years old and they're find you and want that back support. Pay the support, it's the right thing and the easiest thing to do.