Disabled Vet Seeking Decrease in Child Support Order

[horseyjess]

Ok as far as VA disability and CS goes. I do not know how a judge in CA will rule for you. I can tell you how a judge in WV rules for my DH. His VA disability pay/ yours is not to for pain and suffering but is supposed to make up for what your disability is imparing your ability to work. So 20%, 30% heck even 10%. So with that your income should be less because the VA says you cant preform what you USED to be able to. So what the judge does to my DH is she imputes his income at a min wage job then adds his VA on top. This really sucks so its like he is making a really decent wage. THEN another thing we get hit on is there is a few dollars on his disability check for every dependent. My children to the VA are his dependents. To the CS judge they are not, so the few dollars that he gets for his step children are considered income to the judge there.


I again am not sure about CA others that know that state will be better than myself. Here if a parent spends less than a certain percentage of over nights with the child it has bearing on the Child support amounts.


I am going to assume that you are going through Voc rehab if you have VA disability. Well you are getting money for that if you are. So they will consider that money income along with your disability money.

[ArmyDadof2]

Thank you for all of your responses.
I'd like to get a job as a social worker after I'm finished with school.

Is it true that a lot depends on the hearing officer & if he/she decides to deviate from certain statutes? Can someone help me find out how I can research my hearing officer's past rulings or history?

[fatherowed38k]

Depending upon your disability rating, you could still be making decent money. I know that you are not 100% disabled because VA will not put you through VOC REHAB (Chpt 31) if you are "unemployable". You should want to do anything you can to take care of your child. Work, go to school, and collect your disability...you could definitely help support your son.

[ArmyDadof2]

At our last court date earlier in December, I was found in contempt & ordered to pay over $1,000 by February, 2013 (my next court date). Does anyone have any idea what could happen if I don't have the money to pay by my court date? I might be able to pay some, but doubt I'll be able to come up with that much money in a couple of months.

[Dogmatique]

Jail is a possibility.

You're already in contempt; they've given you a couple of months to come up with an amount.

[cowboys]

Disability from the VA can be a confusing issue because your disability may still allow you to work. If you don't mind me asking what is your disability percentage. Some people feel just because receiving disability from the VA that they can't work but that is far from the truth. If your SSDI I was denied you would need to appeal that possibly take it up to a hearing in front of an administrative law judge.

[ArmyDadof2]

My disability is for PTSD, 70%. I'm physically able to work, but I'm in school full time right now. Not only would I have to find a job with hours that won't interefere with my classes, but I also have to find transportation.

[Dogmatique]

I hate to say this, but you may need to postpone school for at least a little while.

[Disagreeable]

Your child eating is more important than you going to college. It is a matter of priorities.

[horseyjess]

If you are 70% and doing VOc rehab you have the money to pay her just dont want to! You are also getting money every month through Voc Rehab AND through your 70% for the children. You will most likely go to jail if you dont pay the Writ that was issued by the judge. You are reciving 173 a MONTH on your 70% toward each child. Then 62.34 per dependent through Voc rehab. So you have the ability to pay at 70% you are making more than most people on regular disability. Plus the money you get through voc rehab, I would also bet that you are getting Pell grants on top of that!

Just a bit of info, as I have looked into it. IF your ex gets an atty or does research, you will find out that IF they contact the department of veterans affairs, AND it is shown that you are refusing to supprt the kids. The VA will allow them to do an IDO on your disability check. So I wouldnt screw around with it too much more!