Question:

I have court ordered child support from my ex who just retired from the military. He is wanting a modification hearing, because he claims his only income is the retirement check and he is coming up short every month. But I know he receives a disability check that he is not reporting. Do I need to file for an apportionment of his VA disability check or do I handle everything in child support court?

Jim's Reply:

You aren't able to file for an apportionment because so far it sounds as if he is timely with support payments even if he believes they are too much. Apportionment will only happen when the veteran falls behind in the court ordered obligations. If you believe that he is withholding financial information from the court, you'll have to speak up and tell the magistrate. The court doesn't like it when we withhold financial data.