Question:
I’m from Michigan and am a disabled vet of 11 years. I’m not retired. I pay child support in the amount of 800 dollars but can not see my child. The court is counting my VA pay and SSDI pay. Can this happen?
Jim's Reply:
The amounts of child support and alimony owed are figures calculated from total incomes and debts of each party. Disability payments are part of the total income picture and are not protected from being used by the court. Veterans disability pay is meant to replace pay the vet would otherwise earn to support himself and his family and divorce doesn't end those obligations. Rumors abound on the Internet about how veterans disability pay can't be used for divorce settlements and that simply isn't true. Failure to report the entire income can lead to contempt of court charges and worse. A restriction on whether you are allowed visitation is another matter entirely and has nothing to do with the amount the court says you owe.