SPARC Forums
Main Forums => Dear Socrateaser => Topic started by: disabled_dad on Feb 08, 2005, 02:58:15 PM
Dear Soc:
I pay support for my son for one more year. I currently work but I have a service related disability (USAF) that lately has been causing me more and more pain.
My pay is modest. My ex makes way more than I do. Still I pay quite a bit in support because there is an arrears of 4K when I was not working for a while.
Right now what I get from VA is too little to make a difference but after talking with my rep and my own doctor, I was told that if I had to leave work because of this pain, I would go on 100% immediately.
Soc, I'm about to throw in the towel, I can't take it anymore and I shouldn't have to. I won't take pills cause they make me loopy and the pain is killing me.
I know she can take my social security disability money if i get that, but can she take my VA disability too? I say "she" because my son doesn't even get to have an allowance (and he's 17). He can't even buy himself a MP3 player. She gives him nothing. I get to hear him complain but I can't do anything about it.
If it means she going to get it, maybe i should just suffer and hold out. Sorry if that sound selfish.
Thanks
Soc, I don't know if my post was too clear.
1. I don't intend to go on disability to stop paying support. I just worried that she will ask for an increase since it will be more money. I eventually want to be able to send my son a monthly check starting when he turns 18. That money will be for him.
2. When/if I do leave work, first I go on STD then on LTD (and ultimately social security) so she will still get support. I don't even know if she will even find out about my VA disability benefits.
3. My question remains, are my VA disability benefits subject to garnishment for support/arrears, given that all my payments are current and will remain that way?
Thanks
>Soc, I don't know if my post was too clear.
>
>1. I don't intend to go on disability to stop paying support.
> I just worried that she will ask for an increase since it
>will be more money. I eventually want to be able to send my
>son a monthly check starting when he turns 18. That money
>will be for him.
I don't care what your rationale is. I don't moralize, I just do law.
>3. My question remains, are my VA disability benefits subject
>to garnishment for support/arrears, given that all my payments
>are current and will remain that way?
I can't say for sure. Some states do not recognize disability payments as income for calculating support. But, I can practically guarantee that the other parent will try to get whatever money is available, so you may as well get used to the idea.