Question is 2 fold: Is an Active Reserve soldiers monthly training pay and/or their disability benefit considered income on an Income and Expense Declaration
Reserve pay is an absolute. It is income. You ualify must you mean by disability pay. If you are receiving VA payments it may or may not be countable income. And I think that's what your question really boils down to. My guess is you are trying to do this on your own and I would caution against this. This is not a military law question but a California Family Law question. Without knowing the source and how the disability was acquired, My initial response is to list it and then provide, as part of the packet , the appropriate documentation to show if it is exempt or not. You can never be in trouble with the court for disclosures. The idea is to show what is happening and full disclosure. If they know about it and you fail to disclose then they can raise those issues and potential sanctions it's the Court...I have retagged this as a family law question so that other california family law attorneys can also chime in...
This is for general information only. Nothing in this information should be construed as creating an attorney-client relationship nor shall any of this information be construed as providing legal advice. Laws change over time and differ from state to state. These answers are based on California Law.Applicability of the legal principles discussed may differ substantially in individual situations. You should not act upon the information presented herein without consulting an attorney about your particular situation. No attorney-client relationship is established.
All income from all sources must be declared on the Income and Expense Declaration (FL-150).
The court will determine the income's tax status to be used for both child support and spousal support, if party is requesting support from service member.
Best of luck!
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