Question:
Hello. I am a disabled veteran getting 100% compensation and my 19 year old son is getting chapter 35 benefits. I’m divorcing and the court is trying to assign a $1,000 child support payment and is not taking the $1,224 he gets from VA into consideration. Is this right? Should I have to pay even though he is getting that benefit from VA? I don’t mind paying for my child but I want to pay what is correct. Thanks in advance on any help you can give me.
Jim's Reply:
The divorce is between you and your spouse. The court is only interested in the incomes of the 2 affected parties so nothing the child receives from other sources will have anything to do with the child support stipulation. The child could win the Lotto and be wealthy and you'd still owe the child support. There is logic and reason behind this. If the child were to suddenly decide to take a year off from school for example and that C35 income were eliminated, the child support would still be in place and the #1 goal of the court...the welfare of the child...would be met.
9-6-2018