Child Support

questions & answers

Question: I receive VA disability benefits, as does my ex-husband. Is this income that is to listed as "income" on our "Child Support Calculator"?

Answer: VA disability benefits are included as income for child support, with a couple of exceptions. Section 459 of the Social Security Act states that some payments which are paid to an individual will be considered payment for employment and to be included as income for child support. This includes money given as compensation by the Secretary of Veterans Affairs as compensation for a service-connected disability paid by the Secretary to a former member of the Armed Forces who is in receipt of retired or retainer pay if the former member has waived a portion of the retired or retainer pay in order to receive such compensation. If you are not eligible and/or have not waived military retirement benefits and are receiving VA disability benefits then those benefits would not be considered income. For the full text of Section 459 of the Social Security Act, please go to: http://www.ssa.gov/OP_Home/ssact/title04/0459.htm