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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 33384
Experience:  Began practicing Family Law in 1992
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I had a question regarding child support calculations using

Customer Question

Hi My name is Kenneth, I had a question regarding child support calculations using VA disability compensation. Can it be used.
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: I live in the Dallas metro
JA: Have you talked to a lawyer yet?
Customer: yes but I can never get a straight answer
JA: What advice did they give you?
Customer: To just give all income sources
JA: Anything else you think the lawyer should know?
Customer: There are other friends that I know in the state of Texas that were divorced and didn't use there disability to calculate
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 Family Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Family Law
Expert:  JD 1992 replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Yes, by statute disability is counted as income for child support purposes.

§ 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 your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.

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).

Customer: replied 1 year ago.
Expert:  JD 1992 replied 1 year ago.

You're very welcome.

Best wishes to you and please don't forget to leave a Positive Rating so I receive credit for my work.

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