Child support income in california

California- Does Cal. C.C.P. 483.013 apply to child support judgments? I am not talking about the benefits which are to be included under 42 usc 659 but the personal injury benefits covered under this law. Does this apply to calculating child support whereas it says it cannot be included in ANY legal or equitable process?

Cal. C.C.P 483.013
"federal disability benefits awarded to veterans for service-connected disabilities
pursuant to Chapter 11 of Title 38 of the United States Code shall be
exempt from the claim of creditors, and shall not be liable to
attachment, levy, or seizure by or under any legal or equitable
process whatsoever, as provided by federal law. This section does not
apply to that portion of service-connected disability benefits that
are subject to child and spousal support enforcement under Section
659(h)(1)(A)(ii)(V) of Title 42 of the United States Code."

brg0110 said:

California- Does Cal. C.C.P. 483.013 apply to child support judgments? I am not talking about the benefits which are to be included under 42 usc 659 but the personal injury benefits covered under this law. Does this apply to calculating child support whereas it says it cannot be included in ANY legal or equitable process?

Cal. C.C.P 483.013
"federal disability benefits awarded to veterans for service-connected disabilities
pursuant to Chapter 11 of Title 38 of the United States Code shall be
exempt from the claim of creditors, and shall not be liable to
attachment, levy, or seizure by or under any legal or equitable
process whatsoever, as provided by federal law. This section does not
apply to that portion of service-connected disability benefits that
are subject to child and spousal support enforcement under Section
659(h)(1)(A)(ii)(V) of Title 42 of the United States Code."

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Child support and consumer debt are two completely separate things...this law clearly shows that.

brg0110 said:

California- Does Cal. C.C.P. 483.013 apply to child support judgments? I am not talking about the benefits which are to be included under 42 usc 659 but the personal injury benefits covered under this law. Does this apply to calculating child support whereas it says it cannot be included in ANY legal or equitable process?

Click to expand...

What are the personal injury benefits for? Loss of income? Loss of a limb? Pain and suffering? The answer may depend on what the benefits are for.

Also, are the benefits payable in a lump sum or over time? If it's over time, how long?

The benefits are paid for a personal injury (pain and suffering) and not benefits pursuant to 42 usc 659. In addition to the money received, a portion is received for dependent care. I just do not know whether or not to list what I receive for pain and suffering and dependent pay or just list dependent pay. In my opinion, the money is not received as income, but to aid for pain and suffering (medical care, adjustments for disability, etc.) pursuant 38 usc 1110, and dependent benefits pursuant to 38 usc 1115. I do have a work income aside from benefits received.

VA disability payments absolutely count as income for child support calculations. They can't usually be GARNISHED unless all other avenues of collection have been exhausted and the vet still refuses to pay, but that has nothing to do with whether it's included in the calculations.

I actually just read that California Law defines "A person whom child support is paid to" as a "creditor" and a "claim" as "a right to money" and exempt as "applying to child support"
so, just wondering with the combination of laws, how would this be in effect? To be "Exempt from claims of creditors" in the respect of legal combined,
"to free from an obligation or liability from a right to money of a creditor"