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Can I get child support from his VA disability benefits?

San Diego, CA |

Dad is rated 100% disable, can I get child support from his VA checks?

Attorney Answers 1

Posted

Child support is calcualted off of income from any source recieved. Yes VA disability can be used to calculate child support.

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5 comments

Asker

Posted

So by that are u stating that I can also get money from SSI?

Edmund Lee Montgomery

Edmund Lee Montgomery

Posted

SSI is different. It depends on if it is for a disability or supplemental income. It is disability then the child should be receiving benefits that are used to satisfy his support obligation.

Douglas Duncan Durward

Douglas Duncan Durward

Posted

SSI and SSDI are very different. If your ex is truly SSI/SSP, there is very little hope for support. He has been determined to be disabled and without the necessary credits to be eligible for derivative benefits.

Asker

Posted

Actually, VA disability (Assuming compensation for service related injury) is exempt under 38 USC 3101 - Sec. 3101.

Douglas Duncan Durward

Douglas Duncan Durward

Posted

While VA disability can be used to calculate support, it can only be garnished under limited circumstances. A helpful primer can be found here: http://www.acf.hhs.gov/programs/cse/pol/IM/1998/im-9803.htm

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