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Author Topic: subject to support?  (Read 682 times)

disabled_dad

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subject to support?
« on: Feb 08, 2005, 04:58:15 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


disabled_dad

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RE: subject to support? - a little clarification
« Reply #1 on: Feb 09, 2005, 01:30:52 PM »
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

socrateaser

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RE: subject to support? - a little clarification
« Reply #2 on: Feb 10, 2005, 09:55:05 AM »
>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.

 

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