I have a question if anyone has any experience with this. My XH is going after a child support reduction because the place I work at provides free childcare and part of the child support goes to paying for that. I get that and its valid. He's also stating that my alimony was not figured into the original judgement. I'm not so sure about that one. Anyway, while I was going over all this I realized that he didn't include his disability payments as income in the original judgement either. I will try to get back support for that as a counterclaim. Has anyone had any experience with dealing with VA disability? The general belief is that is untouchable but I have read that it can be attached for child support payments.
Generally disability is untouchable, as is unemployment, social services...but it is still income. All that means is that a judgment for a regular lawsuit cannot be garnished out of those wages.
However, he does have to list it as income because it IS income.
Child care and child support don't have anything to do with each other. Child Support is based on the income of the noncustodial parent regardless as to what it is used for.
PS I work in family law...the only way he is going to get a reduction is if he is making less money. But either way, I would report the disability income.
Im still standin better than I ever did looking like a true survivor feeling like a little kid Im still standin after all this time and Im picking up the pieces of my life without you on my mind..
Thanks for the replies so far. The VA disability can be garnished for child support. As far as the child care expenses I don' know if they are part of the child support or not but it is money I've been getting and would not if it is ruled that I received it and was not supposed to. I will ask that if I do need to pay it back that it be done in payments the same way I received them. Like I said I get free childcare, the court may look at it as a perk that benefited both him and me and I may not have to pay it back. Warped perception on my part probably. I do know because of the VA disability I will request that everything is recalculated from the very beginning and that should be interesting.
Hi! I don't think you should worry about child support reduction. It requires a significant change in circumstances; like if one person had a huge increase or decrease in salary. My X just spent the last year trying to reduce my child support based on a $20 increase he had in insurance and I received about 7% raise in my salary. The judge denied his motion for reduction as it was not a significant change. I don't think a lawyer would take the case.
Just thought I would do an update. I had the child support hearing on Friday. Long story short, ExH withdrew the motion. It turned out he actually pays a little more because even with the child care expense payment taken out adding his VA disability compensation made up for it. I wasn't in with him and the mediator when this was determined and I'm really glad about that. All I know is I'm happy with the way I handled the whole situation. I was upset at first but then I thought about what the worse case scenario (having to repay child care expenses from the previous year and losing about $200 dollars a month) would be for me and decided I could live with it. Then it started to be funny over the last few months because we NEVER talked about it not even once. Kinda crazy how things work out sometimes.
