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Under Maryland law, is my military disability pension included

 
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Customer Question

Under Maryland law, is my military disability pension included in determining my child support payments?

 

Optional Information:
State/Country of Question: Maryland

Already Tried:
annotated code of MD 12-202.

Submitted: 1031 days and 4 hours ago.
Category: Legal
Value: $48
Status: CLOSED
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Expert:  socrateaser replied 1031 days and 4 hours ago.

If your disability pay is "means-tested" then it is not subject to the child support guidelines (MD Code 12-201(a)(5)). "Means-tested" means that your payments are subject to your available income and/or assets.

 

Since I don't know exactly what benefit you are receiving, I can't give you a definitive answer, however, "Veterans Disability Compensation" is not means tested, and therefore would be subject to the child support guidelines as "actual income."

 

Hope this helps.

 

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Customer replied 1031 days and 3 hours ago.

 

I was discharged due to Post Tramatic Stress Syndrome, and am receiving disability.

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Expert:  socrateaser replied 1031 days and 3 hours ago.

It's not means tested, so your disability will be used to calculate child support. You may be able to get the judge to give you a hardship deduction based on your circumstances, if you can show that you would be unable to live anywhere other than on the street if the court were to apply the guidelines to you.

 

But, this is within the court's discretion to order, so you'll have to be convicing.

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