QUESTION

Can VA education benefits be counted as income for child support?

Asked on Dec 04th, 2015 on Divorce - California
More details to this question:
My ex husband is retired from the military, receives VA disability payments and Ch. 33 benefits for school. His owes $58,755.13 with current support of $312. A low income calculation was used since he only reported a portion of his income and was supposed to update the courts on any further incomes/increases. He receives $1,126/mo for housing while a full time student. The monthly payment does not include the given per class for books and materials. I am wondering if the Ch. 33 benefits (E-5 w/ dep) can be counted as income. By the way, the arrears have been accumulating since '08, I have full custody of both children with no visitation on his part (his choice). Thank you in advance.
Report Abuse

1 ANSWER

Family Attorney serving Sacramento, CA at Peyton & Associates
Update Your Profile
Under California law all income to a party on a regular basis is to be considered in calculating support Ask for a rehearing and a retroactive modification right away. Good luck.
Answered on Dec 10th, 2015 at 4:35 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters