Child support based on disabled veterans benefits and social security?

[tpnyce]

What is the name of your state (only U.S. law)? Virginia

I am being taken to court for child support for my son. I am a disabled veteran recieving benefits from the Veterans administration and social security and not able to work. The mother is recieving a check for 314 dollars for my son from social security as well as insurance and education benefits. She is asking for 1500 dollars a month on child support. We live in Virginia. Will she be able to receive that amount or less. Also can my benefits be used as a basis for child support?

 

[mistoffolees]

What is the name of your state (only U.S. law)? Virginia

I am being taken to court for child support for my son. I am a disabled veteran recieving benefits from the Veterans administration and social security and not able to work. The mother is recieving a check for 314 dollars for my son from social security as well as insurance and education benefits. She is asking for 1500 dollars a month on child support. We live in Virginia. Will she be able to receive that amount or less. Also can my benefits be used as a basis for child support?

She can ask for whatever she wants. What she'll get is outlined here:
Child Support Obligation Calculator - Virginia Department of Social Services

What type of disability are you receiving? SSI or SSDI? That will make a difference.

 

[LdiJ]

What is the name of your state (only U.S. law)? Virginia

I am being taken to court for child support for my son. I am a disabled veteran recieving benefits from the Veterans administration and social security and not able to work. The mother is recieving a check for 314 dollars for my son from social security as well as insurance and education benefits. She is asking for 1500 dollars a month on child support. We live in Virginia. Will she be able to receive that amount or less. Also can my benefits be used as a basis for child support?

All of your income can be used to calculate a child support amount. However, the money that the child receives from Social Security should also factor into the calculation.

I would be pretty surprised if you received enough from SSDI and the VA to come to a calculated child support amount of 1500.00.

 

[tpnyce]

Thanks a lot. The Calulator says that I have to pay about 200. The social security check to her takes care of it. But when I add in alimony support payments to a former spouse it equals down to zero.

 

[Ohiogal]

Thanks a lot. The Calulator says that I have to pay about 200. The social security check to her takes care of it. But when I add in alimony support payments to a former spouse it equals down to zero.

Not buying that your alimony to a former spouse makes it so you don't have to support your CHILD. Not buying that at all.

 

[tpnyce]

Thats true and i agree with you 100%. I was giving her 1800 a month in support. She wants to be greedy and attempt to get more by filing for child support. My point is, she bit herself in the foot by listening to outsiders and filing. I take care of my children, I am always with them, feed them, educate them, provide healthcare, and financial support. Sometimes as in this case greed will do her in. But, I will continue to pay more, even if they say less, because my child needs it. In fact, I take care of her other child which isnt mine, but love dearly as my own.

 

[tpnyce]

Another thing, she already gets a social security check from my benefit amount plus insurance, from the calculator, they take that into consideration.

 

[TheGeekess]

Another thing, she already gets a social security check from my benefit amount plus insurance, from the calculator, they take that into consideration.

What you SHOULD have done and can STILL do is file to have the dependent benefits be considered your child support.

 

[LdiJ]

What you SHOULD have done and can STILL do is file to have the dependent benefits be considered your child support.

The only reason that I did not advise that, is because he is also receiving VA benefits which, in most states, also get included in income for child support purposes. VA benefits can often be higher than the social security benefits so they can significantly increase income. Therefore he isn't the traditional situation where the parent's only income is SSDI.

 

[TheGeekess]

The only reason that I did not advise that, is because he is also receiving VA benefits which, in most states, also get included in income for child support purposes. VA benefits can often be higher than the social security benefits so they can significantly increase income. Therefore he isn't the traditional situation where the parent's only income is SSDI.

True, but it could certainly be considered as PART of the CS.

 

[tpnyce]

The only reason that I did not advise that, is because he is also receiving VA benefits which, in most states, also get included in income for child support purposes. VA benefits can often be higher than the social security benefits so they can significantly increase income. Therefore he isn't the traditional situation where the parent's only income is SSDI.

ok, that sounds fair, but do I contact ssi and have them do it, do I file it in court before the court date, or ask when I am to appear in court?

 

[TheGeekess]

ok, that sounds fair, but do I contact ssi and have them do it, do I file it in court before the court date, or ask when I am to appear in court?

SSA has nothing to do with what your court orders say.