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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 19483
Experience:  B.A.; M.B.A.; J.D.
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When counting a persons income in family court va disability

Customer Question

When counting a persons income in family court va disability compensation and oasdi are counted as income and the court requires the child's needs to be met first but a fiduciary for the two federal benefit programs require the disabled persons needs to be met first so does this conflict get resolved especially when the disabled person cannot afford an attorney or find a pro bono or represent themselves and nobody else is allowed to represent them unless they are an attorney.
Submitted: 8 months ago.
Category: Family Law
Expert:  Phillips Esq. replied 8 months ago.

Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 8 months ago.

I am sorry, but I do not understand your post.

Kindly review, edit, properly identify the parties and your issues, ask specific question(s), and resubmit.

Thank you for your cooperation,

Customer: replied 8 months ago.
My friend George is a disabled veteran that receives va disability compensation and social security disability. George divorced his wife Sally they have a child Susie. When they divorced George agreed to pay for braces for Susie now it is time for them to be put on and George and sally have fought since the first agreement numerous times in court of child custody and support. Each time they fought George ended up losing and paid anything sally wanted because he is disabled and will agree to anything. Now George is supposed to pay for the braces and he cannot even take care of his own financial obligations because he not only agrees to stuff in court with sally but also agrees to pay for anything for anyone he runs into such as friends like bill and Henry. So when this whole thing started the monies that George received was ssdi and va disability. How is George able to say I can't pay this stuff that I agreed to because I am disabled since now he cannot afford an attorney and cannot find an attorney to do pro bono work for him and he cannot have a friend or his new wife Molly speak for him in court to say he can't pay everything. Also George has had Debby in charge of his finances because he was found financially incompetent before all the agreements he made with sally took place. So George has his basic necessities taken care of but does not have the financial to cover past that. So since George agreed in couet pay the braces does his disability needs come first even though the child's needs are supposed to come first? According to the fidcuiary rules Debby should only be concerned about George needs but these are now court ordered so since the court does not count George having needs because he is disabled how does George fight this.
Expert:  Phillips Esq. replied 8 months ago.

Thank you for the information.

I am sorry to read about your friend's difficulties.

If George was declared incompetent before he made the agreement with Sally, I am not sure how the Court could approve that agreement. Since Judge has a fiduciary, that fiduciary should be able to go in front of the Court and ask the Court to vacate the agreement with Sally. In any event, the fiduciary duty is to George. So, George's needs MUST be taken care of before any child support obligation.

Best wishes,

Customer: replied 8 months ago.
Since Molly the fidcuiary has no legal background she cannot go to court to speak on George's behalf. I know the agreements should not be valid however to get them voided it has to be through court and George has no money for an attorney and there are no pro bono attorneys available that anyone has found for George. If Molly pays only for George's needs then he will continue to get these bills and they can eventually put liens on all his property such as a house and car. So is there another way to get it fixed?
Customer: replied 8 months ago.
Also I have discovered the family court does not care what George's needs are and only cares the amount he receives from his benefits so they expect him to take care of the child first
Expert:  Phillips Esq. replied 8 months ago.

My initial response stands. It does not matter what the family Court wants, the fiduciary duty is to take care of George's needs first.

Unfortunately, the site does not offer legal representation. So, I cannot assist you any further. I will opt out however to see if another Attorney has different ideas for you.

Best wishes,

Customer: replied 8 months ago.
Sally is getting child support from George for Susie each month at a very high rate because of the high rate George cannot pay other things that are past his basic needs. If George quit paying the high rate of child support he agreed to then he would be in jail or his benefits could get garnished. George has no possible way to get it lowered and eliminate the other agreements. Even if an attorney did take on the case then the child support would be set the same because the court bases the child support off the income not the needs of the disabled person.
Customer: replied 8 months ago.
Will you check on this because I have not received a response regarding this question from our conversation