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NC Child Support Modification

Discussion in 'Child Support' started by Ranger1111, Jan 12, 2018.

  1. Ranger1111

    Ranger1111 Law Topic Starter New Member

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    Jurisdiction:
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    After a long and expensive custody battle a Custody Consent Order on Permanent Child Custody was entered on July 20 2017 in my case granting me a significant amount of additional custody/visitations. A motion to modify child support was subsequently filed very shortly after and a court date of 1/11/2018 was scheduled. Our case has now been rescheduled for 5/2/2018. I am continuing to pay the full amount of my child support despite the change in custody/visitation. Is there any way I can retrieve or get credit for the additional paid child support at the May 2018 court date?

    Under the North Carolina Child Support Guidelines effective 01/01/2015 under the income section there is mention on how to factor in VA Disability into Child Support obligations. It states "Veterans Administration benefits and Social Security Benefits received for the benefit of a child as a result of the disability or retirement of either parent are included as income attributed to the parent on whose earnings record the benefits are paid,
    BUT ARE DEDUCTIBLE FROM THAT PARENT'S CHILD SUPPORT OBLIGATION. Does this not mean that after the completion of the appropriate child support calculation form is completed and the obligation is determined then the amount of the VA benefit earmarked or directly contributed to the children is then deducted from the obligation?
     
  2. army judge

    army judge Super Moderator

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    Possibly.

    You'll need to petition the court to allow you to offset any overpayments you made.

    Nothing will happen unless you request to be heard on the matter.
     
  3. army judge

    army judge Super Moderator

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    If you are entitled to military retirement benefits AND Veteran's Disability Benefits, the VA may allow a state court to take child support payments directly from your Veteran's Disability Benefits' check. The court should give you proper credit for any payments garnished from your Veteran's Benefits.

    VA benefits can count when a court calculates a veteran's income for child support purposes. However, VA disability comes with a graduated benefit schedule, which increases the veteran's payment amount the more dependents he has.

    I suggest you discuss the matter of your disability payments with a representative from the VA.

    You are entitled to an increase of VA benefits based upon the number of children you sired.

    Garnishment of Your Disability Payments. If you are awarded SSI, your benefits cannot be garnished to make child support payments. If you receive SSDI and have been court-ordered to pay child support (or alimony), your benefits can be garnished to satisfy your legal obligation.

    Breaking Down VA Disability Pay Rates for Each Family Situation
    Dependent Status 30% 40%
    Veteran with Spouse and Child $491.75 $699.36
    Veteran with Child Only $439.75 $630.36
    Veteran with Spouse, One Parent and Child $530.75 $751.36
    Veteran with Spouse, Two Parents and Child $569.75 $803.36
     
  4. zddoodah

    zddoodah Well-Known Member

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    Probably not, but only a NC family law attorney is likely to be able to answer this question with any certainty (same with your other question).
     

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