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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118689
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My husband receives 100% VA disabling and SSI. He said he

Customer Question

My husband receives 100% VA disabling and SSI. He said he will not have to pay a dime. The kids lives with me, he gives nothing just come visit them and waits with them by the bus stop sometimes. How can I get the VA to get him to pay child support ? Should I just go to social services?
JA: When we are ready I'll take you to the appropriate web page. Because family law varies from place to place, can you tell me what state this is in?
Customer: North carolina
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: I was married to him for 14 yrs we are seperated for approximately a year now. I hoped he would come back. But, he lies repeatedly, he keeps going to the DR frequently for the last 7 yrs, denies he's seeing someone.
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.
He can try to not pay, but if you go through child support services they can garnish both his VA and SS benefits and take the money directly from the benefits and he won't have a choice but to pay it. If you go to child support collection services, they will initiate the garnishment proceedings against him and file with the VA and SS to take the money from his benefits and send them over to you for the money. You are going to have to go to legal aid first and seek to file divorce and a motion for support to get the court to order support if he has not been ordered to pay it yet, since he has a legal duty to support his children and once legal aid gets that started then child support services can take the money from his benefits.
Customer: replied 1 year ago.
We were married for 14 yrs. Would I have to prove he is cheating. I don't have hard evidence besides the fact he said he is going somewhere else and goes to the DR for the last 7 years twice a year, sometimes 3 to 4 times a year and lie. Would I have to pay him anything because he collects less than when I make.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
You do not have to prove that he was cheating to do this. You typically will not have to pay him anything at all in this type of situation, as this is abandonment and he has abandoned you and the children.