What Happens After Someone Files For Va Apportionment
Importantly, if an individual is looking for apportionment of VA benefits, they will have to file a claim. That is, apportionment is not something that is going to be automatically granted. As mentioned above, family members must fill out and submit VA Form 21-0788, Information Regarding Apportionment of Beneficiarys Award. If the individual applying did not submit financial statements in support of their request, VA will begin the development process in which the department requests, obtains, and reviews such documentation. Specifically, VA will often request that both the veteran and the person filing for the apportionment submit evidence, if applicable. For example, a veteran might submit evidence showing that the apportionment would result in financial hardship for them. Conversely, the person filing for apportionment would need to submit documentation showing that the apportionment is necessary. Once VA has that evidence, it will issue a decision either granting or denying the apportionment, and that decision will also determine the amount of apportionment, if granted.
Appellate Court Finds Trial Court Did Not Divide Husbands Disability Payments
The trial court ruled it could not divide the disability income. The decree awarded the husband the VA disability and Social Security Disability benefits as separate property. The appeals court found the definition of disposable retired pay excluded military disability pay. Based on all of these facts, the appeals court found the trial court did not award the wife any of the husbands disability payments.
The husband also challenged the awards of trial attorneys fees and conditional appellate attorneys fees. The appeals court found there was insufficient evidence supporting the awards of attorneys fees.
To receive an award of attorneys fees, a party must show the fees were reasonable and necessary. There must be sufficient evidence of the reasonableness of the rate and the hours worked. Although there was evidence presented, it did not provide sufficient detail to support a finding of the reasonableness of the fees.
Is All Of My Income Used To Calculate Child Support
With a few exceptions, child support is based on net income from all sources, not only wages.
|
Common types of income used to calculate child support this list does not include all possible types of income |
Countable as income for child support? |
|
Employment income: wages, overtime, tips, bonuses, commissions, self-employment, perks of the job like automobiles, per diems, cell phones, etc. |
|
|
SSI – Social Security Supplemental Income Disability income not based on earnings |
|
|
SSDI Disability Income based on earnings |
|
|
Retirement benefits, pensions, trust income, annuities, military retirement , Service connected disability compensation & TDUI |
|
|
Veterans Affairs Pension, Aid & Attendance |
|
|
Portions of the GI Bill that cover living expenses |
|
Also Check: How Much Does Disability Pay In California
I Owe Back Child Support Payments That I Cant Afford To Pay Because I Was Not Awarded Disability Benefits That I Thought I Would Receive What Should I Do
If your child support agreement is based on disability benefits that have not been awarded by the Department of Veterans Affairs or the Social Security Administration you must return to court and request a modification of the child support order to reduce the amount of child support that you are obligated to pay. You must provide sufficient financial documentation to prove that your circumstances have materially and substantially changed before you can be granted a court order to reduce your child support obligation.
Unfortunately, you are still obligated to pay the child support arrearage. You can request that the court allow you additional time to pay the child support arrearage but the court will generally not forgive an amount that is past due.
Consideration Of Va Income
Even if your VA benefits can’t be garnished because you didn’t waive any military pay or because of any of the above reasons, in most states your VA income can still be considered by the judge in deciding your support obligations. If your VA disability benefits are a significant part of your total income, you may end up using your benefit income to meet child support or alimony obligations.
For legal help in protecting your VA disability benefits or establishing a fair amount of support, contact a VA disability lawyer.
Recommended Reading: How Much Is California Disability
Purpose Of Va Benefits
Veterans’ disability benefits are compensation for the veteran’s impaired earning capacity and are intended to “provide reasonable and adequate compensation for disabled veterans and their families.” They are not supposed to be for the sole support of the veteran, but can be counted in child support calculations to provide for the veteran’s dependents as well. If the veteran wasn’t disabled, he would be earning an income upon which the court would base child support since disability benefits replace that income, child support can be based upon it.
What About Social Security Disability Insurance Do You Have To Pay Child Support On That
As you might imagine at this point in our discussion, you likely have to pay child support based on the SSDI that you receive. I would provide you the same advice about SSDI that I did about VA disability pay, however. If you are going through the application process for SSDI, or are appealing a prior denial, you should not include potential SSDI in the analysis of your net monthly resources. Supplemental Security Income from Social Security does not count when it comes to a child support income analysis and should not be included in the information you provide to a court.
If your child receives additional money because you are disabled then the court will need to determine how much money you would be obligated to pay in child support ordinarily under the Texas Family Code. Next, the court will subtract that amount from the total of the benefits paid for the child as a result of your being disabled. The resulting number will be how much child support you actually have to pay.
Recommended Reading: How Much Does California Disability Pay
Other Factors That Affect Va Benefits
Because all of your income and liabilities affect each other, it is essential to understand the different circumstances where your VA benefits can be impacted. If you face other debts and responsibilities, the amount of child support you may be required to pay could also be affected.
Property Division in Divorce
In your divorce case, it is up to the judge to divide the marital assets between you and your soon-to-be ex-spouse. Your VA disability benefits are not considered an asset for divorce purposes, even if you were married at the time of your service. The court treats these benefits differently than military retirement benefits, which may be considered marital property by most courts.
Taxes
You are not required to pay taxes on your VA disability benefits. That differentiates VA benefits from other military benefits, such as the housing allowance. While the housing allowance is also not taxable, it can be considered an asset in your divorce case. It is important to note that the judge in your divorce case looks at your entire financial picture when determining child support obligations. If you receive a high amount of benefits that are not taxable or considered assets, the court might grant more child support than usual.
Garnishment
Divorce is never easy, but we can help.
Does The Disabled Parent Have Disability Insurance
The parent may have disability insurance benefits that are automatically provided by their employer. If this is the case, then it’s reasonable to expect the parent with a disability to continue to pay child support. However, the child support formula is based on parental income, and the parent may be able to seek a modification of child support for the duration of the disability.
If approved, this would mean that even though child support payments would continue, the amount would be less than you’ve grown used to receiving, and you must adjust to receiving less financial support. While unfortunate, this may be a reality for the duration of the paying parent’s disability.
Read Also: How Much Does Disability Pay In California
What Do I Need To Know About The Va And Social Security Programs
Both Social Security and VA pay disability benefits. However, their programs, processes, and criteria for receiving benefits are very different.
A VA compensation rating of 100% Permanent and Total does not guarantee that you will receive Social Security disability benefits. To be approved for Social Security benefits, you must meet Social Securitys definition of “disability.” To be found disabled:
- You must be unable to do substantial work because of your medical condition and
- Your medical condition must have lasted, or be expected to last, at least one year or to result in death.
If you receive VA compensation, this will not affect your Social Security benefits.
Application For Va Disability
VA disability payments are not automatic – as with everything else in the military, there is a process, and this one requires that the retiree affirmatively apply for disability payments. 38 U.S. Code § 5101. The specific form used is the VA Form 21-526, Veteran’s Application for Compensation and/or Pension.
A VA disability election is revocable, per DOD Financial Management Regulation, Volume 7B, Section 120205. Presumably a veteran would have little incentive to do this, unless to facilitate receipt of Combat-Related Special Compensation . Doing so requires filling out the same VA Form 21-526.
Also Check: How Much Does Disability Pay In California
Veteran Benefits And Child Support
Can veterans benefits be taken away to pay child support?
As a general rule, yes. While most federal benefits, including veterans benefits, generally cannot be withheld, attached, garnished, or otherwise taken by a creditor in an attempt to collect on a debt, child support is an exception, as is spousal maintenance . A.R.S. § 12-1539 42 U.S.C. § 659
Can veterans benefits be taken away to pay child support?
As a general rule, yes. While most federal benefits, including veterans benefits, generally cannot be withheld, attached, garnished, or otherwise taken by a creditor in an attempt to collect on a debt, child support is an exception, as is spousal maintenance . A.R.S. § 12-1539 42 U.S.C. § 659
If veterans benefits are an individual’s only source of income, does a person still have to pay child support?
Yes. If the childs other parent obtains a court order for child support, the benefit’s recipient must comply with that order even if veterans benefits are the only source of income.
Can veterans benefits be garnished as earnings to pay child support?
It depends. It certain situations, the childs other parent can get a court order to garnish the benefits as earnings, and in other situations they cannot. If the benefits are garnished as earnings, it means that Veterans Affairs will be ordered to send some of the benefits directly to the other parent.
Can veterans benefits be garnished as non-earnings to pay child support after they are deposited into a bank account?
A Lifetime Of Security
We are with you from day one when your parents named you, and when you named your children. Most parents apply for their childs Social Security number at birth, usually through the hospital. When the time comes for your childs first job, the number is already in place.
A fun bonus of assigning Social Security numbers at birth is that we know the most popular baby names, which we announce each year. On our website, you can find the top baby names for the last 100 years.
Also Check: How Much Do You Get For Disability In California
Help For Disabled Parents Who Owe Child Support
Parents with disabilities who are struggling to pay child support should seek a modification of child support before having their wages garnished. A modification may be granted following a legitimate decrease in income due to your disability. In such cases, the court will evaluate the nature of the disability, as well as the expected duration of the impairment.
If you need assistance navigating the system, research the child support laws in your state and seek help from a family law attorney with experience handling disability and child support cases.
Computer Action On Disregard Payment
The OAG sends HHSC a monthly computer tape for all TANF individuals receiving OAG child support payments that month. Each month, the Texas Integrated Eligibility Redesign System :
- updates the child support payment history file on SNAP data inquiry and
- rebudgets any associated SNAP EDG not correctly budgeted. This rebudgeting results in an automated Form TF0001, Notice of Case Action, if rebudgeting results in adverse action.
You May Like: How Do You Change Your Va Disability Direct Deposit
Tanf And Medical Programs
All legally entitled income must be pursued and accepted by the individual entitled to the income. Advisors should inform the individual of this requirement and, together with the individual, develop a plan to pursue the potential income. Reasonable time should be allowed to pursue the income, and the income should not be considered available during this time. Staff must document the plan and the time allowed for pursuing the income.
In the comments section of Form TF0001, Notice of Case Action, staff must inform individuals of their obligation to pursue potential income and include the time allowed for pursuing the income.
Exception: The individual does not have to pursue income if it would be unreasonable. Situations are considered to be unreasonable if:
- the cost to the individual exceeds the potential income or causes financial hardship
- pursuing the income would endanger the individual’s health or safety or
- legal action is required, but a private attorney or Legal Services refuses to accept the case. The individual must make a reasonable effort to obtain legal assistance.
If the household refuses or fails to follow the agreed plan without good cause, the EDG must be denied.
What Do I Do After My Va Disability Benefits Are Applied For Child Support
Do your research before to know what your options are with VA Disability Benefits and Child Support. If you feel that you are underrated VA Claims Insider has all the resources for you to process your claim promptly. VACI has a robust team of Veteran Coaches streamlining the process.
VACI has all the tools necessary for you to file the claim medical documents scrutinized by our coaches and a team of licensed professionals. See you on the inside of the VA Claims Insider ELITE Program!
Become an Insider
Were Veterans helping Veterans Worldwide, and since 2016 weve helped 10,000+ Veterans just like you INCREASE their VA disability rating!
Don’t Miss: Us Naval Reserve Retirement Calculator
What Are Other Resources For Veterans Regarding Child Support
The Texas Attorney General has an online handbook for non-custodial parents . Please review the Handbook for Non-Custodial Parents for more information.
Additionally, the HEROES program of the Texas Office of the Attorney General helps when military-related injuries have made you unable to follow a court order and they have specialized case review and management for veterans. Contact: 460-6400 or email: HEROES@oag.texas.gov
Va Disability Benefits Divorce And Child Support
Veterans are often concerned about how much of their VA disability compensation they may lose during and after a divorce, due to property division, alimony, and child support. Each state has its own laws governing divorce, child support, and alimony however, there are also federal laws governing the distribution of VA benefits. Importantly, these federal laws provide certain protections for veterans disability benefits.
Also Check: How To Apply For Disability In Texas
We Are With Those Who Need A Helping Hand
The Supplemental Security Income program is a program that provides income support to people with disabilities, people age 65 or older, or blind, who have low income and resources. U.S. Treasury general funds, not the Social Security trust funds, pay for SSI.
If you or someone you know may be eligible for SSI, visit to learn more and apply.
Can The Va Garnish My Benefits
The short answer is yes. The VA can garnish your benefits according to Title 38, which states that you must be able to support your dependents. On the flip side, your compensation cannot be garnished if you choose to waive a portion of your military retirement pay.
Lets say you choose to waive 25% of your military retirement to receive the non-taxed compensation. The non-taxed compensation that you received in place of your retirement pay can be garnished. The garnishment can also be used to meet alimony and child support. More on alimony and child support funds will be later discussed regarding apportionment. The remainder of your disability, however, will NOT be garnished.
Don’t Miss: Va Rating For Degenerative Disc Disease
Do Disabled Veterans Have To Pay Child Support
It is possible that you do not have to pay child support if you are a disabled veteran. To know for sure you would need to look to the terms of your divorce decree or final order in a Suit Affecting the Parent-Child Relationship . You and your child’s other parent are obligated to provide financial support for your child until she reaches 18 years old or graduates from high school- whichever occurs later in time.
There will be a specific section of the order that will tell you who is obligated to pay child support. If you have not yet gone to court and received an order with the judges signature on it you have no obligation to pay child support. You can pay some degree of support while you are overseas or on active duty, but there is no obligation to do so and there is no guarantee that you would receive any sort of credit from a court or from your childs other parent for having done so.