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Dad is rated 100% disable, can I get child support from his VA checks?
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Family Law Attorney
Child support is calcualted off of income from any source recieved. Yes VA disability can be used to calculate child support.
So by that are u stating that I can also get money from SSI?
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.
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.
Actually, VA disability (Assuming compensation for service related injury) is exempt under 38 USC 3101 - Sec. 3101.
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
Child support Finances and child support Determining child support payments
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