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.
1 ANSWER
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