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disability and child support

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sarah12

Junior Member
What is the name of your state? wv


My husband pays support. He's also a disabled vet. He has some brain damage, an enlarged knee cap that locks up constantly which causes him to fall, ptsd, and some other severe mental issues from Iraq. So he's not just playing the system.

He just got granted social security disability. But we aren't sure how much money he will be getting from social security. The VA does not allow garnishments for much of anything including child support and he's not been getting his full VA amount due to a lump sum of money the army gave him when he was medically dc'd. The VA holds a portion of a persons check back until they have collected the money the army paid. So as of now his support payments have been 25.00 a month because the VA only gives him 220.00 on the first of each month. I know that's nothing but he has no other income. I however do work and have been paying all the bills with my income. But in March 08 his VA disability goes up to 2100.00 a month.

And also I know that a dependants children get money from a parent being on SS disability. My step brother gets 2500.00 a month for being disabled. His two girls each get 850.00 a month on top of what he gets. So would that happen here? I'm assuming they would calculate both the VA disability and social security disability and have him pay support from the lump sum. Which check would they garnish it from? And would his other non custodial child get a separate check from social security as well? Or is that just for custodial children? I'm wondering if his non custodial child gets a seperate check from SS why that can't be considered child support and he not pay anything extra from his disability money.
 



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