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Disabled Veterans and Child Support Obligations

Family Law & Military Families

VA Disability and obligation to pay child support.

Here, veterans who must pay child support can learn how much of their income can be withheld, and how child support is calculated.

Does VA Disability count as income when calculating child support payments?

Yes, VA Disability is considered income when calculating how much you have to pay in child support

I only get VA Disability. Can this be claimed for child support payments?

Yes, child support payments can be deducted from VA disability payments. This process is called "apportionment" and is very similar to "garnishment". A portion of your VA disability is deducted from your paycheck and sent to another person. The parent with physical custody can claim a portion of the disability payments as child support from the parent who has visitation.

Apportionment is not automatic. The parent who is asking for child support must apply for apportionment by filling out VA Form 21-0788 and submitting it to the listed address on the form.

The VA considers the following when deciding apportionment for child support:

  • Is the child support claim so small that it isn't worth apportioning?
  • Has your child been legally adopted by another person?
  • Is your child at least 18 or has you child entered active military service?

Most likely, whatever the court order set as the child support amount will be apportioned for your child's benefits.

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