Last I saw, under Uniformed Services Former Spouses Protection Act, you can only get a portion of his disposable income and disability is not considered part of his disposable income.

You can apply for what is called an apportionment of benefits. Call the VA at 1-800-795-3607 and ask them to send the form. When complete, send to the VA Regional Office in th estate where his claim is, most likely the state where you/he live. When completing the form, you need to show the finacial need for a portion of his benefits, without causing him a financial hardship.

You can not get support per the court order. You have to prove that you need the money if your child is under the age of 18. They will ask you for all of your income etc. The good news is that your child will receive 48 months of education benefits which is about $900/month when she goes to school. You need to find the VA that administers the benefits. She is also entitled to be under his insurance.

I will just say that this law is terrible. My ex-husband owes $80,000 and I have no recourse

I am a disabled veteran. I recently went to court (tribal court to be exact) via phone (I live in Az, my child lives in ND) in December 2009 to get my arears added to my current support garnishment. I sent documents to the CPSE earlier to adjust my support by looking at all my expenses. instead they used it to increase my amount of support. Now Im court ordered to pay 800.00 a month for one child who I dont even get to see and dont want to see me thanks to her mother's manipulation. So yeah, I guess they can take your disabled amount in effect. I think its wrong and I am fighting it. Amazing huh? Here we are in 2010...we have a black president...and we have made great strides....and still we can't find equal rights for fathers and hold mothers responsible for their actions. By the way, my ex was a big casino visitor. What do you think she will be doing with all that money? Let me answer you with this..when my daughter was picked up by me and my wife in ND..she had a raggy shirt and shorts with worn out shoes. And that was all her mother packed. She was gonna be gone for 6 weeks...and eventhough my wife and I bought her brand new clothes and gave her the best summer vacation...she still cursed us and praised her.

Thats right! Pay ur child support, take care of your kids and stop bit*hing. Leave it to a man to b**** about having to pay child support. wawawa cry me a river. Can we say DEAD BEAT. The child idnt with you for a reason, because you would complain about having to take care of her, right. Cut it off, stop making babies you don't want to support.

@ JeanaC--and when the mother is non-custodial and refuses to pay support or even contact the child? Can we say DEADBEAT? She sure was quick to file when she had custody and the father was unemployed but doing his best to pay as much as he could and still keep food and shelter for himself--and he did end up paying all that he owed. Now, the child has decided to live with the father, the mother is p*****, and refuses to pay support or repay what she was OVERPAID after custody changed--over $3000. Who is the DEADBEAT now? We sure are garnishing her military retirement and her disability now...

Disability is not considered as a factor in the veteran's monthly income.

You need to claim for the child benefits in the VA regional office as per the rule tp get some consideration from the court.
Also you need to have some sort of proof for your child and that is very easy to produce and claim to get the monthly educational benefits for your child.

My ex trys to pay but always seems to be either late or doesnt pay the full amount and i cant seem to find and direct ansers of how to get the full amount or how to get him to stop makeing excuses

Many veterans believe that their VA disability is untouchable and that is not true. There are certain instances in which you can collect an apportionment directly from the VA. Each situation is differant...example....If the non-custodial parent is receiving VA disability and has given up his/her retirement the portion that he/she would have collected from retirement is garnishable. You must go through the VA in order to receive anything from his/her VA disablility check. I too have an ex who pays what he wants when he wants and i am currently starting the process to have an apportionment done so i can receive at least a portion of the court ordered amount regularly...as for the VA decides how much they believe you should receive because they dont want to have any veteran go through any undue hardship. And if the VA decides to award you $400 a month out of an $800 a month court order the non-custodial parent is still responsible for the other $400, and for my situation I figure at least then I would be getting something on a regular basis!

My childs father made sure that I got his name put on her birth certificate since he was not here when she was born. He said he wanted to make sure she was taken care of, the va added 300$ a month to his pension I don't see a dime of it. How is he a victim

As much as our sympathy might go out to a disabled vet, it is the law that a father's duty to support his child is very enforceable all across the United States, because so many wrecked marriages are raising havoc in our society, and injuring the innocent bystanders (the children of divorce).

But the court will take into account your income, his income, and both of your monthly maintenance, bills, and ongoing living expenses, including money needed for your child.

If your ex-husband really is destitute, after subtracting money from his disability check, then it would be inhuman to levy this penalty on him.

But assuming he can get by, and assuming you really need the money for your child, then of course you have a right to it. In fact, chivalry would demand that he have enough of a sense of honor to volunteer the money without any legal hassle.