Q: I am a full time student and receive a set amount from the VA to live on while I am in school. I pay an amount that my EX and I agreed on for child support, but now she is taking me to court for more. It is April now and my school is finished in November, which means I will no longer be getting any money once I graduate. The allowance I receive now is Non taxable and doesn't get reported to the IRS. Can a judge order me to pay 17% of this for child support? Don't get me wrong, I am a good father who gives what he can to help his child but if I give any more I won't be able to live for the remaining time I am in school..
A: David's Answer: Yes, a housing allowance is generally considered income for child support purposes. However, I agree with the other poster that if your income falls below the self-support reserve, the support itself may be quite low. That said, you have an obligation to work a full-time job even if you are attending school. Thus, you should schedule a consultation with a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
David Bliven is a former Family Court prosecutor who handles the full range of Divorce and Family Law cases, including child support and paternity matters. He practices primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). His website can be found at www.blivenlaw.net.
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