Wednesday, September 4, 2013

Can my housing allowance from the VA be used to calculate child support?

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 (

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