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GI Bill and child support

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trainwreck

Junior Member
What is the name of your state (only U.S. law)? Wisconsin

I live in Kentucky but my ex lives in Wisconsin with our son and that's where I pay child support. The order was originally established in Texas when I was in the military. I recently lost my job. I'm still paying child support in the court ordered amount but it's making it hard to make ends meet. I also receive the GI Bill in Kentucky. I know in Wisconsin if you receive the GI Bill, the state pays for the education and GI Bill is essentially considered income and I believe it's counted towards monthly support. In Kentucky, this isn't the case and I use the money to be able to afford to go to school. If I request a review in Wisconsin, will they consider the GI Bill as income even though I don't live within the state? Thanks.
 


mistoffolees

Senior Member
What is the name of your state (only U.S. law)? Wisconsin

I live in Kentucky but my ex lives in Wisconsin with our son and that's where I pay child support. The order was originally established in Texas when I was in the military. I recently lost my job. I'm still paying child support in the court ordered amount but it's making it hard to make ends meet. I also receive the GI Bill in Kentucky. I know in Wisconsin if you receive the GI Bill, the state pays for the education and GI Bill is essentially considered income and I believe it's counted towards monthly support. In Kentucky, this isn't the case and I use the money to be able to afford to go to school. If I request a review in Wisconsin, will they consider the GI Bill as income even though I don't live within the state? Thanks.
I haven't verified if what you said is correct or not, but if you file for a modification in WI, they have to use WI laws to determine the child support.

However, be aware that they can impute you an income if you are voluntarily unemployed or underemployed. If you chose to quit work (or leave the Armed Forces) to go to school, that is likely voluntary and you could be charged child support based on the full income that you were making.
 

trainwreck

Junior Member
I'm not 100% sure that it's correct but it's what I've heard.

I'm not voluntarily unemployed. I was laid off about a month ago and I was already going to school then and had been for a few years.

I haven't verified if what you said is correct or not, but if you file for a modification in WI, they have to use WI laws to determine the child support.

However, be aware that they can impute you an income if you are voluntarily unemployed or underemployed. If you chose to quit work (or leave the Armed Forces) to go to school, that is likely voluntary and you could be charged child support based on the full income that you were making.
 

trainwreck

Junior Member
If the original order is from Texas wouldn't OP need follow TX laws?
From my understanding, Texas would have to relinquish control to Wisconsin, which they should do since neither of us have any ties to Texas. Of course, I've been told four hundred different things depending on who I talk to. I know it gets complicated when multiple states get involved.
 

mistoffolees

Senior Member
I'm not 100% sure that it's correct but it's what I've heard.

I'm not voluntarily unemployed. I was laid off about a month ago and I was already going to school then and had been for a few years.
You could still be considered voluntarily unemployed if you aren't actively looking for a full time job.
 

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