Are you struggling to understand how child support obligations relate to VA disability benefits? In most cases, child support can be deducted from various income sources, but VA disability benefits are an exception.
In the video, Atty. Tina Campbell of Turner-Monahan, PLLC, discusses the nuances of this relationship and offers insight into how child support is handled for those receiving VA disability benefits.
All case evaluations at Turner Monahan PLLC and the attorneys’ suggestions are in light of Texas Family Law. This content is for educational purposes only.
Understanding Child Support Obligations in Relation to VA Disability Benefits
Child support can be deducted from most income sources, with the exception of VA (Veterans Affairs) disability benefits. If an individual is receiving VA disability benefits, this is solely due to their disability status, not retirement. The amount received from such disability benefits is included when calculating child support obligations.
However, the Department of Defense (DOD) cannot be issued a wage withholding order to deduct funds for child support payments from these benefits.
Therefore, individuals whose sole income is from VA disability benefits are personally responsible for making their child support payments. They could arrange this as an automatic draft, but there is no mechanism for automatic deductions from their benefits.
For the best outcome for your case, seek the advice of a trusted family law firm such as Turner Monahan, PLLC.
Interpretation According to Texas Family Code
The Texas Family Code provides clear guidelines on the treatment of various income sources in child support calculations. Section 154.062 of the Texas Family Code outlines how a court should calculate “net resources” for determining child support.
Net resources include all wage and salary income, other compensation for personal services, interest, dividends, royalty income, self-employment income, net rental income, and all other income actually being received. The latter covers a variety of sources, including retirement benefits, pensions, trust income, capital gains, unemployment benefits, disability and workers’ compensation benefits, and VA disability benefits, among others.
However, the statute clarifies that resources do not include items such as the return of principal or capital, accounts receivable, certain federal public assistance program benefits, or payments for foster care of a child.
Certain deductions are applied to arrive at net resources. These include social security taxes, federal income tax (based on a single person’s rate), state income tax, union dues, and costs related to health or dental insurance for the obligor’s child, as well as non-discretionary retirement plan contributions for those not paying social security taxes.
In context with our discussion on VA disability benefits and child support, this statute underscores that VA disability benefits are included in the “net resources” calculation for child support. However, as previously discussed, while these benefits are part of the calculation, they cannot be directly withheld to pay child support.
Given the complexity and specificity of these regulations, it’s crucial to engage an experienced Texas Family Lawyer who can effectively navigate these statutes. A knowledgeable attorney will understand these intricate details and advise on how they directly apply to your circumstances, ensuring a fair determination of child support obligations.
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Hire An Experienced Fort Worth, Texas, Divorce Attorney
Navigating child support and VA disability benefits can be an intricate process. That is where Turner-Monahan, PLLC, comes into play. Since 1973, this firm has been committed to keeping families strong by providing experienced representation in all family law matters.
Their dedication extends to creating a custom-tailored strategy for each case, understanding that every legal matter is personal and unique. By selecting Turner-Monahan, you are not just choosing a law firm; you are selecting integrity, dedication, and a team ready to fight for your rights as they guide you through these trying times.
Schedule a free, no-obligation consultation with attorney Tina Campbell to discuss the details.
Check our website for more information about our services. Plus, don’t forget to go through our blog to find out more regarding your case.
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FAQs Regarding Divorce
Divorce cases are unique, so you will have many questions. To save you time and hassle, here are some topics that revolve around the area. For more information, contact our firm, Turner-Monahan, PLLC.
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Disclaimer
The commentary and opinions are for informational and educational purposes only and not to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PPLC, by signing a written retainer agreement.
