Another disability question

[abstract99]

What is the name of your state?Az
The last time that I went to court I submitted my disability income as part of my income. I thought that since I receive a specific amount FOR THE CHILDREN that the children would be entitled to some percentage of that amount that I get for them. I have another older daughter that I was planning on sending her mom the extra that I receive for this daughter. The courts in AZ took into account ALL of my disability, including the amount that I receive for my oldest. Can they do that?

*Added* After reading all of the disability entries I am also under the impression that all 3 of my children should be receiving some type of payment. The money that I get for them is right in my check but it is not a large amount. Why are the children not receiving a check also? Is it because my disabiulity is military related? If they are supposed to be getting some type of money, how do I find out where to go to get this?

 

[abstract99]

I'm just gonna bump this hoping that somebody might be able to help

 

[IrishLady47]

Are you receiving a VA disability or SSDI?

VA disablilty payment amounts are based on the veteran's disability rating % and the number of dependents (spouse, children, even dependent parents). Most of the payment is based on the veteran's disability rating with much smaller additional amount for dependents. The entire amount is sent to the veteran, unless a court order for child support has been filed w/the VA to garnish a portion of the check for child support or alimony. And the child support garnished depends on the court order, it is not limited to the portion of the check based on having the dependent.

If a person draws SSDI, has dependent children; but, is not the custodial parent--a separate check for the child will go to the custodial parent.

At least that is how is works for my brother. He is receives VA disability (100%), a portion of which is because he has a dependent child (out of $2,300 a month, the portion for child is less than $100). He also draws about $600 in SSDI, his ex also receives about $350 a month from SSA in SSDI benefits as she has custody of their child.

 

[abstract99]

Are you receiving a VA disability or SSDI?

VA disablilty payment amounts are based on the veteran's disability rating % and the number of dependents (spouse, children, even dependent parents). Most of the payment is based on the veteran's disability rating with much smaller additional amount for dependents. The entire amount is sent to the veteran, unless a court order for child support has been filed w/the VA to garnish a portion of the check for child support or alimony. And the child support garnished depends on the court order, it is not limited to the portion of the check based on having the dependent.

If a person draws SSDI, has dependent children; but, is not the custodial parent--a separate check for the child will go to the custodial parent.

At least that is how is works for my brother. He is receives VA disability (100%), a portion of which is because he has a dependent child (out of $2,300 a month, the portion for child is less than $100). He also draws about $600 in SSDI, his ex also receives about $350 a month from SSA in SSDI benefits as she has custody of their child.

I receive VA disability. I took my Court order to the VA and they said that they cannot garnish my check because it is tax free income. They said something about it affecting my taxes so I would have to pay out of it once I got the check. Not a prob for me. How does your brother get VA dis and SSDI?

 

[IrishLady47]

Under federal statutes, VA disability cannot be garnished unless the veteran is waiving military retirement pay to receive it. However, eligible dependents of the veteran can apply for an apportionment of the veteran's benefits if he is not otherwise supporting them. The VA will consider the income & expenses of all parties before they do so.

But it seems your real question is - are your children entitled to a separate check or other benefits? No-not unless you are 100% disabled or die as a result of your service-connected disability.

My brother applied for social security disability. SSA has entirely different critieria than VA. You may or may not be eligible for both. Go to www.ssa.gov for more information.

 

[abstract99]

I'll look into that. Thank you...... I'm not trying to get out of CS but it would be really nice to get it lowered because my wife has a lot of medical bills so with paying CS and Medical bills we have no money left of our own to spend on the children. A little extra help here and there would be nice.

 

[abstract99]

if he is not otherwise supporting them.

The thing is though that I have always supported them even when I did not have a court order to do so.