Question About Child Support

[phlynks]

I need some help for my brother, he is about to go through a nasty and UGLY divroce and there are three kids involved.

He is currently 50% S/C disabled and receiving comepensation from the VA. He has been threatened by her lawyer with petitioning the court for ALL of his compensation and half of his monthly salary as alimony and child support.

His question is this: Is this actually possible? Are they really allowed to do this, or are they making empty threats? IF they are bluffing, is there a place I can go for the statute that I can direct him to?

Thanks in advance for any and all help with this.

[Santos]

For the state of Georgia they can get up to 25-32% of a person's income for 3 children. It sounds as if the lawyer is doing his job and scaring your brother.

I believe the statute varies from state to state. You can go to this website and check the regulations for child support for your brother's state where the divorce is legally taking place. That state will be where he is legally obligated for child support.

http://www.supportguidelines.com/links.html

I hope this helps.

[CAS3]

His wife is entitled to an allotment of his Department of Veteran Affairs service connected compensation for the purpose of supporting HIS children.
If he is paying child support and can prove it to the VA, they will not send her the money.

[phlynks]

Thanks for the speedy responses.

There has been no court ordered support yet, but he is sending her $1,000 every month as well as making her car payments and car insurance. I have already advised him to keep receipts for the court but I had no idea that the VA would even want them.

Thanks again for the help. This will surely ease his troubled mind.

[snipowsky]

Sounds to me like she is trying to get him for everything he has! What a shame! He gives her $1000.00 a month for child support, pays for her car and insurance, so what does she really have to complain about? I seriously doubt anyone can take his disability compensation away from him if he's doing what he is supposed to as a father, and to me it sounds like he's doing just FINE and DANDY! Let them threaten all they want, he has rights too! I'll say my prayers for him during this tough time! Tell him I said, "Semper Fi"!

[devildog21345]

phylnks

I am going through a nasty divorce also her lawyer tried the same thing with me. In most states if you are getting disabity they can not take your check

[marinemom]

First of all, speaking as an accountant , he needs to write separate checks for the car payment, the insurance and the child support. And to make copies fo the front and back of all cancelled checks that he has sent her.

His payment of the car note - if it exceeds 60% of all the payments made - put him in the position of taking the car (legally, the DMV will even help him) if necessary.

Same on the insurance payments and the child support - child support is not deductible on your 1040 - but any other payments to a former spouse can be. Be certain his attorney is very, very careful how things are written up.

You do not mention the ages of the children - but those over the age of 18 do "not count" according to most state laws. He may have to contribute for school - have him check it.

Also, if he pays for the kids' health insurance premiums - he takes the dedeuction on his 1040, not the ex-wife.

[Sixguns]

Having been through a divorce on active duty, I can say that the Corps only supports a local court decision. The Corps can direct payment of BAH to dependents in the absence of a court order to provide for the spouse/family. Again, the court's decision will be the ultimate one. Most states do use a scale based on 25-33% of either gross or net income. In the case of disability, I am not sure.

Make sure he only pays until his youngest child is 18 (no longer considered a minor) and it is not required beyond then, even if they go to school full-time, that he retains his ability to claim the children as his dependents for tax filing and if his wife can work full-time, there is no need for alimony.

SF,

Sixguns

[mrbsox]

Just a few ideas to have his lawyer check into, from experience also.

Child support is NOT tax deductable, but day care and medical expenses are. Most settlements will require him to provide insurance, get a low deductable if possible, cause she will USE it.

See if part of the support can be set as 'covers all day care expenses'. Keep receipts for ALL expenses for the children, even if it's a meal at McDonalds.

DOCUMENT EVERYTHING.... I've been bit by this. Phone calls, trips to the mall, the museum, visitation outings, where you went what you did. It may be for nothing, but I had to prove some stuff, that I couldn't prove. His word against hers, and most courts favor the mother.

Best of luck to him.... and you 21345

Terry

[phlynks]

Thanks for remondign me about the importance of keeping good records. I will pass all of this onto him. I would simply direct him to this site, but he doesn't have a computer right now. We are trying to throw him together one using the pieces I have laying around the house.

The kids are 6, 4, and 2. He is living in Oregon, and she moved down here to California to live with her parents. Thanksully his work provides for health insurance, but they are telling him that he can drop his wife when the divorce is finalized, but not before. They are going to "make" him keep it for the kids. He was already planning on doing that.

I had no idea that all of those expenses were deductable either.

Most of her complaints come from wanting to keep the same standard of living that she has become accustomed to while being married. She also doesn't want to work. Instead she wants to play the victim role and play that my brother isn't paying her anything for the kids.

Thanks again for all the advice. I will have to print this page and mail it to him since it will be easier than explaining everything on this page.