Disabled Parent Paying Child Support

[DOCK]

What is the name of your state? Alabama

I was retired on disability from a work related injury. While injured, I developed depression from the chroinic pain and from my wife divorcing me.

I did not seek legal assistance during the divorce and signed the support order without thinking about it with a clear head. I have no problem paying child support and I also do more than is required but I wanted to inquire if I was taken advantaged of because my wife knew of my state of mind. And I regret to state that she is that type to do so. Even her friends hate what she has done considering my situation.

Are VA disability and work related disability annuity payments subject to mandatory child support in Alabama? I'm also applying for SSD which I know she would receive an amount from SS.

 

[brisgirl825]

Have you filed for a modification of child support?

 

[Gracie3787]

What is the name of your state? Alabama

I was retired on disability from a work related injury. While injured, I developed depression from the chroinic pain and from my wife divorcing me.

I did not seek legal assistance during the divorce and signed the support order without thinking about it with a clear head. I have no problem paying child support and I also do more than is required but I wanted to inquire if I was taken advantaged of because my wife knew of my state of mind. And I regret to state that she is that type to do so. Even her friends hate what she has done considering my situation.

Are VA disability and work related disability annuity payments subject to mandatory child support in Alabama? I'm also applying for SSD which I know she would receive an amount from SS.

First, you need to find your state's CS guidelines to find out if what you are paying now is according to the guidelines. Then, after you have been approved for SSDI, your children will be eligible for SS payments, then you can file to modify the CS.

 

[DOCK]

No, I have not applied for a CS modification to date. I attempting to locate the CS guidelines in AL. Thanks for the assistance.

Any other information is welcomed.

 

[Lisabyday]

Dock try this link. http://www.fa-ir.org/alabama/cs/Rule32.htm. If this does not work then google for Alabama Rule 32 Guidelines.

As for your question ..."Are VA disability and work related disability annuity payments subject to mandatory child support in Alabama?" here is an excerpt from that same rule and their definition of gross income which should provide you with an answer.

(2) Gross income.

(a) "Gross income" includes income from any source, and includes, but is not limited to, salaries, wages, commissions, bonuses, dividends, severance pay, pensions, interest, trusts, annuities, capital gains, Social Security benefits, workers' compensation benefits, unemployment insurance benefits, disability insurance benefits, gifts, prizes, and preexisting periodic alimony.

Hope this helps.