Legal Question in Family Law in Minnesota

Child Support Payments

I'm a 100% disabled veteran and want to know if my VA disability pay is considered as income to base

the amount of child support paid. I already pay support and have been over the years before becoming disabled.


Asked on 4/09/07, 2:30 pm

2 Answers from Attorneys

John Jesperson Minnesota Lawyers - Jesperson Law Offices

Re: Child Support Payments

Thank you for your question regarding disability payments and child support.

In general, income from any source, including disability benefits from the VA, are considered in the calculation of child support. Although children may receive a separate benefit (as in the case of children who may receive a Social Security benefit), as a general rule, that will not relieve you of your support obligation.

I gather from your zip code that you have some connection with the state of Washington. If your support obligation arises out of a Washington court, you should contact a lawyer in that state, since the law governing the calculation of child support is not the same in each state.

If your support obligation arises under Minnesota order, you should be aware that the law has recently changed, and that the other party's income is now considered in the calculation of child support -- depending on how much visitation time you have with the child(ren). Finally, you should be aware that merely providing support (such as buying food, paying rent or a mortgage, paying for school supplies) does not generally constitute the payment of "support" under Minnesota law.

If you have further questions or concerns, please feel free to contact me. My contact information is below, and in my "profile."

If you have further questions or con

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Answered on 4/10/07, 3:08 pm
Michael Paul Cundy & Paul, L.L.C.

Re: Child Support Payments

Disability pay can be considered income for child support. However, do the children not receive their own monthly payments due to your disability? Generally, those payments are deducted from what you might owe in child support. Please contact me if you have any other questions.

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Answered on 4/09/07, 3:21 pm


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