Legal Question in Family Law in Illinois

Child support and Va Disability

I am a Disabled Veteran, and presently my only source of income is my VA Disability pension. I have been told by the VA that this is NOT considered income, yet by the Illinois court system they are using this income to determine my child support. My question is a simple one...Can the VA Disability Pension be considered income in determination of child support in the State of Illinois? If so or not, is there documentation showing this fact?

Asked on 11/30/04, 1:01 pm

1 Answer from Attorneys

Kevin Plachta The Law Office of Kevin F. Plachta
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Re: Child support and Va Disability

Yes, your Veterans Disability benefit is income and is used to determine child support. I suggest you read the US Supreme courts opinion in Rose V. Rose, 481 U.S. 619. This ruling, which is referenced in IL opinions states the following:

"The exercise of state-court jurisdiction over appellant's disability benefits did not deprive appellant of his means of subsistence contrary to Congress' intent, for these benefits are not provided to support appellant alone". Veteran's disability benefits are intended to provide reasonable and adequate compensation for disabled veterans and their families S.Rep. No.98--604, p.24 (1984). Congress cleary intended veteran's disability benefits to be used in part, for the support of veterans' dependents. Rose, 481 U.S. at 630-31.

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11/30/04, 7:04 pm

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