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Chris T., JD
Chris T., JD, Lawyer
Category: Family Law
Satisfied Customers: 4816
Experience:  I have assisted many customers and clients with their family law questions and I'm experienced in family law litigation.
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If a child is receiving benefits by a veteran of the US

Customer Question

if a child is receiving benefits by a veteran of the US Army, does the biological father still have to pay child support?
Submitted: 1 year ago.
Category: Family Law
Expert:  Chris T., JD replied 1 year ago.
Hello. I'll be happy to assist you.
Do the benefits belong to the biological father, or are the benefits coming from someone else's service?
Customer: replied 1 year ago.
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Customer: replied 1 year ago.
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Expert:  Chris T., JD replied 1 year ago.
I'm sorry, but I cannot do a live phone call. Would you like me to opt out and allow another expert who can to assist you, or would you like to continue in this format?
Customer: replied 1 year ago.
continue format. Just send me the answer. Thanks
Expert:  Chris T., JD replied 1 year ago.
If a child is receiving benefits directly from the father in the form of his Army retirement, then that can count toward his child support obligation. However, if the child is receiving someone else's benefit, that has no imact on the biological father's child support obligation. In other words, unles they are the biological father's benefits, the biological father will still have to pay child support.
I hope that answers your question. If not, feel free to ask follow up questions. If so, please remember to "rate" my answer before you go. Good luck.
Customer: replied 1 year ago.
The child is receiving benefits directly from her stepfather who is currently active military. I was thinking in order for a child to receive military benefits that child has to be adopted by the person in the military. The government , I would not think will not give benefits to a child who guardian is not or does not become the childs legal guardian. Therefore, this should release the so-called biological father's obligation to pay child support.
Expert:  Chris T., JD replied 1 year ago.
Those are really two separate issues.
If his parental rights have been terminated and someone else has legally adopted the child, then, yes, he would be free from his child support obligation. However, he should have been given notice if there was an effort to terminate his parental rights. If they haven't been, even if the child is receiving someone else's benefits, that does not end his child support obligation. It may reduce it, but it will not eliminate it altogether. He can file a motion to modify his child support obligation and ask the judge to take the military benefits into account, but he shouldn't expect the judge to remove his obligation altogether.
I hope that answers your question. If not, feel free to ask follow up questions. If so, please remember to "rate" my answer before you go. Good luck.

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