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Benefits of putting yourself on child support for your child?
Not being ordered to pay court costs by waiting for them to do it. see links below
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Unemployment compensation can be garnished for child support.
The simple answer to this question is no. Can a judge do anything they want with judicial immunity? The answer is yes. It's up to the lawyers to present the law and convince t…he judge. If they fail to do that the court can and has in many cases made improper rulings. Is VA Compensation the same as disability? No, this mistake is common because a disability is an eligibility requirement. If you are hit by a car, the insurance company will pay the medical and costs to fix your car in restitution for the accident. It is also not a benefit. You wouldn't call a military funeral a benefit. Benefits are things like reduced camping fees. VA Compensation is restitution. Is it legal to use VA Compensation for Spousal Support? No, both the cases of Mansell v Mansell and Rose v Rose demonstrate it was excluded for spousal support. However you have to go back to the Tennessee Court of Appeal to see they overruled the lower court on the spousal support. The Supreme Court applauded and agreed to their interpretation on page 481 at 625. Justice O'Connor provided a dissenting opinion to this matter but prefaced this opinion by stating the other 7 justices disdain her opinion. When the US Congress responded to the case with the Department of Veterans Affairs Act of 1988 they made no change to the section 3101 she identified when it was made 5301. It has gone unchanged since 1988. In not so subtle words, telling her Congress disdains the opinion as well. Is it legal for the COURT to use VA Compensation for Child Support? Tricky answer. Prior to the Rose v Rose case of 1987 the Veterans Administration was failing to do its job by spitting the payments when a dependent was not living with the veteran. This is what the Rose v Rose case was about. The US Supreme Court ruled under the existing language of 38 USC 211 the states had the "deep moral" responsibility of assuming this federal authority. The Federal Government had just enacted the Child Support Enforcement Act taking Authority over the establishment and enforcement of Child Support. This act dictates policy and oversees the programs administrated by the states. The basic understanding here is the states were essentially required to act in the failure of the Veterans Administration. From 1987 and prior the answer is yes. From 1988 to present the answer is no. The US Congress responded to this case by firing the Veterans Administration. They enacted the Department of Veterans Affairs Act of 1988 and completely rewrote Title 38 in its entirety. 38 USC § 211 - 1987 "The decisions rendered by the Administrator on any question of law or fact under any law administered by the Veterans' Administration providing benefits for veterans." 38 USC § 511 - 1988 "The Secretary shall decide all questions of law and fact necessary to a decision by the Secretary under a law that affects the provision of benefits by the Secretary to veterans or the dependents or survivors of veterans. Subject to subsection (b)(Appeals Processes), the decision of the Secretary as to any such question shall be final and conclusive and may not be reviewed by any other official or by any court, whether by an action in the nature of mandamus or otherwise." This response of Congress declared Sole Authority for the new department and obligates the USDVA to divide the compensation through apportionment for dependents. Is it legal for the Department of Veterans Affairs to divide VA Compensation? Yes, the new USDVA is now currently paying on over 30,000 cases of apportionment for those that properly follow the legal process. The correct course of law is not to go to court to divide the VA Compensation. That would be like asking them to split up a food stamp card. You would go back to the Food Stamp office and update your information and get separate card. For VA Apportionment it is very similar and legally called an Apportionment. When a person separates from a Veteran, they need to go to a Veteran Services office and request help completing VA Form 21-4138. A spouse can apply for benefit apportionment for themselves until a divorce is complete and any children in their custody. During the divorce you are still the spouse and a dependent. Once a final divorce decree is made, only children will remain as dependents. The parent or guardian needs to have the State Office of Child Support Enforcement (OCSE) complete a copy of vba-21-4138. The OCSE should complete the form. They need to specifically state how much child support is awarded based on NOT including any payments under Title 38. They also need to specifically identify a monetary amount for the "NEED" of the child. This can be either the state standard or based on special needs as long as documentation is provided. The USDVA needs this to see the exact amount needed to fill the gap. Any conditions of abuse or other factors of the child's life should be included with documentation. These will also be taken into consideration. Read more: http://wiki.answers.com/Q/Is_va_disability_used_to_calculate_child_support#ixzz2HB8Gv1Bz
I wouldn't think so, if your child is under 18. No, the matter of a minor having a child of their own does not release the non custodial parent from his or her financial oblig…ations.
NO, child support does not reduce SSI benefits, it has not effect.
If married, when you divorce him and if single when the child is born. He will then have to prove paternity in court and can then petition for visitation, custody and also pay… child support.
In this economy, with so many out of work and losing unemployment benefits, orders are being put into place, but without an amount. The father has to regularly report his effo…rts to find work.
Yes, all forms of income, including inheritance, can be used to pay back child support.
Yes, but you cannot ask for retroactive.
No. If you are under 18 and not graduated from high school, you should live with either of your parents. If you attempt to file child support for yourself, the court can make …you live with the parent that you request child support from, if you are not already living with your custodial parent.
Yes they can put a lien on the house. Just had to do it about three years ago because I had not gotten support in years.
You have to list child support arrears as a debt and you have to list child support payments in the budget. Child support arrears cannot be discharged, however.
Yes, along with making an official request for a modification. see links below
If you receive state benefits, the state child support agency will contact you for information about the non-custodial parent. This is to ensure that the NCP reimburses the S…tate, to the extent that s/he is able, for medical and other benefits it pays on the child's behalf. If you are receiving cash assistance (TANF), the State will retain the child support to reimburse for that expense.