child support and VA disability

[twinmama]

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

Ok here goes...
I'm a divorced mother of 3yr old twins. My x husband is no longer in the military but receives 100% va disability for PTSD. We already have court ordered child support saying that he has to pay 577/m plus 69% of all childcare costs for me to work or go to school. Well as of Monday I will no longer recieve assistance with daycare through DHS (apparently I make to much) and so I will have to pay full cost of 304/wk for my kids to attend daycare. When I informed my x that his part of daycare will increase to 755/m he said that he will go and file an adjustment because someone told him that they cannot base childsupport off of his disabity compensation and that he is only required to pay what he recieves in his check for dependents (which is like 240/m) What are my options? Is that true? Please help...I need guidance

 

[BL]

Well yes ,he can file for a modification .

Is he in arrears ?

 

[twinmama]

arrears? What does that mean?

 

[BL]

arrears? What does that mean?

Any outstanding child support that hasn't been paid up to date ?

Specifically through a court order or child collection unit ?

 

[twinmama]

yes, he is 2 months behind on child support and he has never paid his part of babysitting on the weekends that I have had to work. He is probably behind 3grand or so. And it is court ordered child support

 

[BL]

He can probably have the amount(s) modified .

The court may or may not grant him relief from the time of his disability and the start of Dependant's benefits .

 

[twinmama]

At the time of our divorce he had already been recieving his full compensation which is close to 3grand a month, so nothing has changed on his end, and the court order that we have is based on the amount he has already been making.

 

[redleg17]

IM-9803 Obtaining financial support for children from benefits paid by the Department of Veterans Affairs.

VA disability can be off-limits unless certain conditions are met....

 

[twinmama]

I can't see how he can get around it...it was him and his lawyer that drew up our divorce papers...I didn't even have a lawyer for our divorce, so he consented to what was included in them before i even had a chance to see them

 

[BL]

I can't see how he can get around it...it was him and his lawyer that drew up our divorce papers...I didn't even have a lawyer for our divorce, so he consented to what was included in them before i even had a chance to see them

Explain that one ..

 

[Newlydivmomto4]

VA disability payments count as income for the purpose of calculating child support and maintenance.

VA Disability & Divorce | Military Divorce Guide

I had wondered the same thing for when my ex retires and gets disability. Both are counted, if they are late or in arrears, retirement can possibly be tapped but not disability.

However, disablity cannot be tapped for arrears or payments

http://www.acf.hhs.gov/programs/cse/pubs/2005/handbook_on_cse.pdf
page 31

 

[ecmst12]

That link that redleg posted didn't say that disability can't be counted as INCOME for CS. It just said it can't be garnished unless the vet is not making his payments voluntarily.

If the disability is his only income, I don't see how it can NOT be counted.

He must be pretty messed up to be getting 100% for PTSD

 

[BL]

If it's not garnishable ,other measures of enforcement can be used ,however , if the recipient has any that can be used against.

QUESTION 7: Are Veteran benefits subject to garnishment?

RESPONSE 7: Certain benefits are subject to garnishment including periodic benefits (including a periodic benefit as defined in section 228(h)(3) of the Act) or other payments by the Secretary of Veterans Affairs as compensation for a service-connected disability paid by the Secretary to a former member of the Armed Forces who is in receipt of retired or retainer pay if the former member has waived a portion of the retired or retainer pay in order to receive such compensation. Regulations under 5 CFR §581.103(c)(7) indicate that in such cases, only that part of the Department of Veterans Affairs payment that is in lieu of the waived retired pay or waived retainer pay is subject to garnishment.

In addition, as stated in 5 CFR §581.104(b) payments or portions of payments made by the Department of Veterans Affairs pursuant to sections 501–562 of title 38 of the United States Code, in which the entitlement of the payee is based on non-service-connected disability or death, age, and need are not subject to garnishment. Furthermore, 5 CFR §581.104 (f) indicates that education and vocational rehabilitation benefits for veterans and eligible persons under chapters 30, 31, 32, 35, and 36 of title 38, United States Code, and chapters 106 and 107 of title 10, United States Code are not subject to garnishment.

Benefits payable under title VIII of the Act, “Special Benefits for Certain World War II Veterans” are subject to garnishment. Every individual who is a qualified individual under title VIII section 802 of the Act shall, in accordance with and subject to the provisions of title VIII, be entitled to a monthly benefit paid by the Commissioner of Social Security for each month after September 2000 (or such earlier month, if the Commissioner determines is administratively feasible) the individual resides outside the United States. Except as otherwise provided in title VIII, a qualified individual has: (1) attained the age of 65 on or before the date of the enactment of this title; (2) is a World War II veteran; (3) is eligible for a supplemental security income benefit under title XVI for—(A) the month in which this title is enacted; and (B) the month in which the individual files an application for benefits under this title; (4) whose total benefit income is less than 75 percent of the Federal benefit rate under title XVI; (5) who has filed an application for benefits under this title; and (6) who is in compliance with all requirements imposed by the Commissioner of Social Security under this title, shall be a qualified individual for purposes of this title.

 

[Zephyr]

Can't dad watch the kiddos while you work- everyone saves money and kiddos get extra time with dad

 

[LdiJ]

Can't dad watch the kiddos while you work- everyone saves money and kiddos get extra time with dad

I dunno Z...100% disability for PTSD (Post Traumatic Stress Disorder) could kind of preclude dad being a suitable caregiver for the children...at least on an "alone" basis.

I have to admit that I have had no contact with anyone with 100% PTSD disability for either of the Gulf Wars, but I did have contact with a few people who had 100% disability for PTSD from the Vietnam war, and quite frankly none of them could or should have had alone time responsibility for children...their own or any others. They were seriously MESSED up.

I find it hard to believe that the standards would have changed enough to make someone totally disabled with PTSD now, and have them be stable enough to care for children on an alone basis.