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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 116817
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I am a resentlly redeployed Iraq vet and now a member of the

Customer Question

Hi I am a resentlly redeployed Iraq vet and now a member of the army reserve and unemployed at the moment but full time student in Puerto Rico. The only mean of support I have is a 10% disability from the VA, $134.00 a month and the GI Bill funds I receive under the Montgomery GI Bill. I am divorced and the office of child support in Aibonito Purto Rico is using those to calculate the child support I have to pay and it comes to $570.00 a month on child support plus $100.00 a month they set as they calculated a diference on an increased rate from last year that used to be $300.00. They calculated a retroactive amount of $5,000.00 for the prior year. I will not be able to pay for my tuition and rent wish means By paying $670.00 on child support I will not be able to continue studding and in that case my GI Bill will stop. My ex-wife is now leaving with the man she left me for and has a newborn with and receiving the child support I pay plus about $500.00 from the Food stamps and WIC programs and nether she or her new partner work. Can my GI Bill be used in the child support calculation?
JA: OK. The Military Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: Who should I contact for assistance.
JA: Is there anything else important you think the Military Lawyer should know?
Customer: Well, she has being leaving with her lover and my children for the last 5 years, while I was deployed. The divorse was finalized in 22 Dec 2016.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Military Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, under the law your GI bill, which is not a loan is considered income. Under the child support laws, it says they are to consider "income from all sources" in determining child support. So I am afraid that your GI Bill is income that is from all sources and the court may use it in making your support obligation determination. You can indeed file a motion to deviate from support guidelines and argue significant financial hardship and seek to have the court reduce the support based on your financial conditions you described, but that is solely discretionary to the judge.
Customer: replied 1 year ago.
Thanks for nothing. Still the system is faulty. If I pay the child support at the currfent rate I will not be able to pay for tuition, which is what the GI bill is supposed to be. If I quit payi=ng tuition I have to quit studying in wich case the
GI Bill will stop.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Blaming me for the system that I did not set up is like me blaming you because it is raining outside. I am sorry that the system sucks, but I am not in the Texas legislature nor the Texas courts so all I can do is tell people what the laws are and then take their abuse for it when they are rightfully upset when the system does not provide a lot of help for them.
However, as far as your comment about "thanks for nothing," well, as I said, you have a hope here and at least some option is better than no options. I am sorry that the law makes it your responsibility and the law says that each parent has a duty to support their child (like it or not it is your legal duty to provide for your child). The state laws also set forth their guidelines that mandate such support based on the income of the parents.
The state guidelines, while they state income from all sources is considered in calculation of support, which would include your GI Bill income, the laws provide an option for you to apply for relief from some of the support award. The laws say the court has discretion depending on the situation and proof of significant financial hardship to adjust the support amount being paid. However, judges exercise this discretion very cautiously and I have had them tell my clients that while they are a student, they can also get a job and work, so it is going to be up to you to present sufficient evidence to the court to show that you cannot get employment or you cannot get sufficient employment to overcome the significant hardship and ask for their discretionary downward adjustment of the support amount. That is the only legal option you have under the law.