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Asked 8/2/2011

Veteran's Service Connected Disability Payments and Child Support

I am divorced and remarried. I was awarded custody of my children and now the last child who is 16 and soon to be 17 wants to live with his mother which will change the custody to either full custody for her or joint custody. However I live in New Jersey and he will live in New York once the appropriate papers are filed with the court in New York where the divorce and custody were decided.

Should the service connected disability be considered as part of income to determine my share of child support under New York State law (which is 17% of income for one child)? Can the service connected disability be apportioned for child support?

I am 100% disabled (service connected) and do not work any longer. There are no other children involved as they are adults.

 
 
 
 
 
Answers

Answer 1/1 - Submitted 8/5/2011

You would have to report your income, including disability pension, in the calculation of the new child support arrangement.

Also, the report form will ask for your normal expenses, which in your case might include extra things to help you out with your disability, such as medical equipment, and other expenses people don't have unless they do sustain a disability.

In that sense, you'd be entitled to some offsetting of income that otherwise would be available, if you were not disabled.

 
 
 
 
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