Child support income

[neoexploited]

I am disabled Military and receive monthly benefits for this. When I divorced I rec'd those benefits along with income for a job. I am no longer employed, I am currently enrolled in school thru the post 911 GI bill, it allots for living expenses.

My question is:

In calculating my child support would the money from my GI bill for living expenses be calculated as income? Or would my disability benefits only be used?

My income has dropped by half (without the income from a job) since my child support order went in to place and I am trying to figure out if it would be worth it to seek a reduction. If only my disability is counted then it would.

Thank you in advance!

[Attorney Howard Iken]

Money received to cover living expenses would be considered income for child support calculations.

[shazaam]

I know old thread but federal and Military law prohibits the use of your TAX EXEMPT military living Stipend ( GI BILL) from being considered income for child support. If the courts give you problems call JAG, and also if the family courts do consider using it let them and then get an itemized report of what they show for where you are receiving your income and then turn that into JAG. I am sure they will be more then happy to square the little family court away. But you will still be responsible for supplying some form of support. However your va disabilty will be considered income.

[Attorney Howard Iken]

child support and parenting provisions are strictly a state law issue. Military code gives some initial guidance but specifically defers to state court decisions. A JAG is an attorney, authorized by a state to practice law. They have no special influence or authority in any court, state or federal.



Here is the specific list of income used to determine support (from the statutes)


(2) Income shall be determined on a monthly basis for each parent as follows:
(a) Gross income shall include, but is not limited to, the following:
1. Salary or wages.
2. Bonuses, commissions, allowances, overtime, tips, and other similar payments.
3. Business income from sources such as self-employment, partnership, close corporations, and independent contracts. “Business income” means gross receipts minus ordinary and necessary expenses required to produce income.
4. Disability benefits.
5. All workers’ compensation benefits and settlements.
6. Unemployment compensation.
7. Pension, retirement, or annuity payments.
8. Social security benefits.
9. Spousal support received from a previous marriage or court ordered in the marriage before the court.
10. Interest and dividends.
11. Rental income, which is gross receipts minus ordinary and necessary expenses required to produce the income.
12. Income from royalties, trusts, or estates.
13. Reimbursed expenses or in kind payments to the extent that they reduce living expenses.
14. Gains derived from dealings in property, unless the gain is nonrecurring.