Thank you for your question.
Disability income is included in net resources for purposes of determining the child support obligation in Texas. Here is the law:
§ 154.062. NET RESOURCES. (a) The court shall calculate net resources for the purpose of determining child support liability as provided by this section.(b) Resources include: (1) 100 percent of all wage and salary income and other compensation for personal services (including commissions, overtime pay, tips, and bonuses);(2) interest, dividends, and royalty income; (3) self-employment income; (4) net rental income (defined as rent after deducting operating expenses and mortgage payments, but not including noncash items such as depreciation); and(5) all other income actually being received, including severance pay, retirement benefits, pensions, trust income, annuities, capital gains, social security benefits, unemployment benefits, disability and workers' compensation benefits, interest income from notes regardless of the source, gifts and prizes, spousal maintenance, and alimony.(c) Resources do not include: (1) return of principal or capital; (2) accounts receivable; or (3) benefits paid in accordance with aid for families with dependent children.(d) The court shall deduct the following items from resources to determine the net resources available for child support:(1) social security taxes; (2) federal income tax based on the tax rate for a single person claiming one personal exemption and the standard deduction;(3) state income tax; (4) union dues; and (5) expenses for health insurance coverage for the obligor's child.
If the child receives benefits on the disability account, those benefits offset the child support obligation by subtracting the amount of the benefits from the child support obligation. (Texas Family Code 154.132).
Veteran's disability benefits generally cannot be garnished for child support.
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