VA disability 80% ptsd.

[jarl2008]

Texas! get out in the service April 2009 & finalized the divorce June 2009. filled for VA disability in 2010 and approved in 2013. i have one child & paying child support no late. In 2012 i was unemployed & filled for modification to lower my child support. in 2014 i found a job and reported to
"OAG" & I'm asking if the CP can provide health insurance to the child. i agree i lied regarding my how much i make per hr. plus i didn't report my VA money. because VA said they cannot touch the money because i earned it. During court hearing for modification I didn't attained due to my work schedule and i didn't submit any of my financial information's. CP didn't agree anything during court hearing, i don't know how my EX-SPOUSE found out that i received money from disability. and now the "OAG" investigating my financial income. and also hearing is reset.

question. 1. If NP hired a lawyer does my child entitled for apportionment of my VA?
2. Does my VA disability count towards child support? if does do i have to pay back for child support.
3. What do i do in order to lower my child support?
4. The court order i have to provide health insurance to the child but i didn't since 2009 because she is in state medicaid.
do i get in trouble.

thanks

 

[Proserpina]

Texas! get out in the service April 2009 & finalized the divorce June 2009. filled for VA disability in 2010 and approved in 2013. i have one child & paying child support no late. In 2012 i was unemployed & filled for modification to lower my child support. in 2014 i found a job and reported to
"OAG" & I'm asking if the CP can provide health insurance to the child. i agree i lied regarding my how much i make per hr. plus i didn't report my VA money. because VA said they cannot touch the money because i earned it. During court hearing for modification I didn't attained due to my work schedule and i didn't submit any of my financial information's. CP didn't agree anything during court hearing, i don't know how my EX-SPOUSE found out that i received money from disability. and now the "OAG" investigating my financial income. and also hearing is reset.

question. 1. If NP hired a lawyer does my child entitled for apportionment of my VA?
2. Does my VA disability count towards child support? if does do i have to pay back for child support.
3. What do i do in order to lower my child support?
4. The court order i have to provide health insurance to the child but i didn't since 2009 because she is in state medicaid.
do i get in trouble.

thanks

I'm surprised Medicaid hasn't come knocking at your door to begin with...and that's not even touching the whole "lying to the court" issue.

You have opened the door for a world of hurt.

As for the rest, maybe someone else will answer.

I'm not.

 

[TheGeekess]

Texas! get out in the service April 2009 & finalized the divorce June 2009. filled for VA disability in 2010 and approved in 2013. i have one child & paying child support no late. In 2012 i was unemployed & filled for modification to lower my child support. in 2014 i found a job and reported to
"OAG" & I'm asking if the CP can provide health insurance to the child. i agree i lied regarding my how much i make per hr. plus i didn't report my VA money. because VA said they cannot touch the money because i earned it. During court hearing for modification I didn't attained due to my work schedule and i didn't submit any of my financial information's. CP didn't agree anything during court hearing, i don't know how my EX-SPOUSE found out that i received money from disability. and now the "OAG" investigating my financial income. and also hearing is reset.

question. 1. If NP hired a lawyer does my child entitled for apportionment of my VA?
2. Does my VA disability count towards child support? if does do i have to pay back for child support.
3. What do i do in order to lower my child support?
4. The court order i have to provide health insurance to the child but i didn't since 2009 because she is in state medicaid.
do i get in trouble.

thanks

Child support in Texas is a flat rate percentage. For one child, it's about 20% of income. And why should the good citizens of Texas pay for your child's health insurance?

Save up, because you're fixing to pay.

Sec. 154.061. COMPUTING NET MONTHLY INCOME. (a) Whenever feasible, gross income should first be computed on an annual basis and then should be recalculated to determine average monthly gross income.

(b) The Title IV-D agency shall annually promulgate tax charts to compute net monthly income, subtracting from gross income social security taxes and federal income tax withholding for a single person claiming one personal exemption and the standard deduction.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.


Sec. 154.062. NET RESOURCES. (a) The court shall calculate net resources for the purpose of determining child support liability as provided by this section.

(b) Resources include:

(1) 100 percent of all wage and salary income and other compensation for personal services (including commissions, overtime pay, tips, and bonuses);

(2) interest, dividends, and royalty income;

(3) self-employment income;

(4) net rental income (defined as rent after deducting operating expenses and mortgage payments, but not including noncash items such as depreciation); and

(5) all other income actually being received, including severance pay, retirement benefits, pensions, trust income, annuities, capital gains, social security benefits other than supplemental security income, United States Department of Veterans Affairs disability benefits other than non-service-connected disability pension benefits, as defined by 38 U.S.C. Section 101(17), unemployment benefits, disability and workers' compensation benefits, interest income from notes regardless of the source, gifts and prizes, spousal maintenance, and alimony.

(c) Resources do not include:

(1) return of principal or capital;

(2) accounts receivable;

(3) benefits paid in accordance with the Temporary Assistance for Needy Families program or another federal public assistance program; or

(4) payments for foster care of a child.

(d) The court shall deduct the following items from resources to determine the net resources available for child support:

(1) social security taxes;

(2) federal income tax based on the tax rate for a single person claiming one personal exemption and the standard deduction;

(3) state income tax;

(4) union dues;

(5) expenses for the cost of health insurance or cash medical support for the obligor's child ordered by the court under Section 154.182; and

(6) if the obligor does not pay social security taxes, nondiscretionary retirement plan contributions.

(e) In calculating the amount of the deduction for health care coverage for a child under Subsection (d)(5), if the obligor has other minor dependents covered under the same health insurance plan, the court shall divide the total cost to the obligor for the insurance by the total number of minor dependents, including the child, covered under the plan.

(f) For purposes of Subsection (d)(6), a nondiscretionary retirement plan is a plan to which an employee is required to contribute as a condition of employment.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 41, eff. Sept. 1, 1995.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 363 (S.B. 303), Sec. 1, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch. 620 (H.B. 448), Sec. 1, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 9.001, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch. 767 (S.B. 865), Sec. 4, eff. June 19, 2009.

Acts 2009, 81st Leg., R.S., Ch. 834 (S.B. 1820), Sec. 1, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch. 1118 (H.B. 1151), Sec. 1, eff. September 1, 2009.

Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 9.001, eff. September 1, 2011.

Acts 2011, 82nd Leg., R.S., Ch. 932 (S.B. 1751), Sec. 1, eff. September 1, 2012.

Acts 2013, 83rd Leg., R.S., Ch. 1046 (H.B. 3017), Sec. 1, eff. September 1, 2013.


Sec. 154.063. PARTY TO FURNISH INFORMATION. The court shall require a party to:

(1) furnish information sufficient to accurately identify that party's net resources and ability to pay child support; and

(2) produce copies of income tax returns for the past two years, a financial statement, and current pay stubs.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.


Sec. 154.064. MEDICAL SUPPORT FOR CHILD PRESUMPTIVELY PROVIDED BY OBLIGOR. The guidelines for support of a child are based on the assumption that the court will order the obligor to provide medical support for the child in addition to the amount of child support calculated in accordance with those guidelines.

Sec. 154.066. INTENTIONAL UNEMPLOYMENT OR UNDEREMPLOYMENT. (a) If the actual income of the obligor is significantly less than what the obligor could earn because of intentional unemployment or underemployment, the court may apply the support guidelines to the earning potential of the obligor.

(b) In determining whether an obligor is intentionally unemployed or underemployed, the court may consider evidence that the obligor is a veteran, as defined by 38 U.S.C. Section 101(2), who is seeking or has been awarded:

(1) United States Department of Veterans Affairs disability benefits, as defined by 38 U.S.C. Section 101(16); or

(2) non-service-connected disability pension benefits, as defined by 38 U.S.C. Section 101(17).

CHILD SUPPORT GUIDELINES

BASED ON THE MONTHLY NET RESOURCES OF THE OBLIGOR

1 child 20% of Obligor's Net Resources

2 children 25% of Obligor's Net Resources

3 children 30% of Obligor's Net Resources

4 children 35% of Obligor's Net Resources

5 children 40% of Obligor's Net Resources

6+ children Not less than the amount for 5 children

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 620 (H.B. 448), Sec. 2, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch. 767 (S.B. 865), Sec. 5, eff. June 19, 2009.

http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.154.htm

 

[Ladyback1]

I'm surprised Medicaid hasn't come knocking at your door to begin with

Oddly enough, at least one state (Montana) doesn't go after the NP for medicaid expense....And since it's a state funded program I guess it is up to each state.

 

[CJane]

Oddly enough, at least one state (Montana) doesn't go after the NP for medicaid expense....And since it's a state funded program I guess it is up to each state.

Missouri won't pursue an NCP for medicaid if there's already a child support order in place that's being paid against. And it sounds like Dad was paying child support.

But - I don't think he's getting his reduction, and wouldn't be surprised if there was an increase.

 

[TheGeekess]

Missouri won't pursue an NCP for medicaid if there's already a child support order in place that's being paid against. And it sounds like Dad was paying child support.

But - I don't think he's getting his reduction, and wouldn't be surprised if there was an increase.

And this lovely little bit of legislation:

Sec. 154.064. MEDICAL SUPPORT FOR CHILD PRESUMPTIVELY PROVIDED BY OBLIGOR. The guidelines for support of a child are based on the assumption that the court will order the obligor to provide medical support for the child in addition to the amount of child support calculated in accordance with those guidelines.

So, he's been responsible for it according to statute, and not paying for it. He will be from now on, or paying Mom more money.

 

[Pinkie39]

Oddly enough, at least one state (Montana) doesn't go after the NP for medicaid expense....And since it's a state funded program I guess it is up to each state.

Ohio does not, either.

 

[CJane]

And this lovely little bit of legislation:


So, he's been responsible for it according to statute, and not paying for it. He will be from now on, or paying Mom more money.

I don't disagree that it's in the statute. But if it's not available through the obligor's employment, or not considered "affordable", then it's unlikely the state will pursue it.

 

[Proserpina]

He still lied - majorly - to the court.

That is not exactly going to endear him to the judge.

 

[TigerD]

He still lied - majorly - to the court.

That is not exactly going to endear him to the judge.

Or he simply misunderstood. The VA makes it quite clear to vets that VA disability compensation is not taxable or attachable because it is not income. Perhaps, the instructions given the OP were not as clear as the posts on this thread.

The question I have is:
The VA pays an additional amount for dependent children. And the VA does not define dependent the same way the IRS does. If the OP is collecting an increased amount based on his family size (for an 80% disabled vet the amount is $55 - I'm not going to look it up to verify because the exact amount is not relevant), then he really doesn't have an argument. But if he hasn't, he may have a colorable argument for the mistake. --- and some serious back pay owed from the VA (for which he should log into his eBenefits portal or go see his Legion rep).

DC

 

[I'mTheFather]

Texas! get out in the service April 2009 & finalized the divorce June 2009. filled for VA disability in 2010 and approved in 2013. i have one child & paying child support no late. In 2012 i was unemployed & filled for modification to lower my child support. in 2014 i found a job and reported to
"OAG" & I'm asking if the CP can provide health insurance to the child. i agree i lied regarding my how much i make per hr. plus i didn't report my VA money. because VA said they cannot touch the money because i earned it. During court hearing for modification I didn't attained due to my work schedule and i didn't submit any of my financial information's. CP didn't agree anything during court hearing, i don't know how my EX-SPOUSE found out that i received money from disability. and now the "OAG" investigating my financial income. and also hearing is reset.

question. 1. If NP hired a lawyer does my child entitled for apportionment of my VA?
2. Does my VA disability count towards child support? if does do i have to pay back for child support.
3. What do i do in order to lower my child support?
4. The court order i have to provide health insurance to the child but i didn't since 2009 because she is in state medicaid.
do i get in trouble.

thanks

Well, he did admit to lying about something.