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Lady Themis
Lady Themis, Lawyer
Category: Family Law
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Experience:  Divorce, child custody, child support, etc.
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Can texas childsupport be caluclated with va disability as income Where can I find the la

Resolved Question:

Can texas childsupport be caluclated with va disability as income? Where can I find the law that definds this?
Submitted: 6 years ago via ChildSupportLaws.
Category: Family Law
Expert:  Lady Themis replied 6 years ago.

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
(1) social security taxes;
(2) federal income tax based on the tax rate for a
single person claiming one personal exemption and the standard
(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.


Please let me know if you have any follow up questions.


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