Disability Benefits Will Affect Oklahoma Child Support
Video Transcribed: How do veteran’s disability compensation benefits affect child support in Oklahoma? I’m Oklahoma Lawyer James Wirth. I’m doing a series of videos related to the Oklahoma child support guidelines. And this video relates to veteran disability benefits, and it’s actually statutory.
It’s part of the Oklahoma child support guidelines. You can find it in the code. It’s title 43, section 118B, and then it is subsection G. And it provides as follows. Veteran’s disability compensation benefits received by a child shall be treated in the same manner as social security title two benefits as provided in subsection F of this section.
So how’s it treated? It’s treated the same as social security title two disability benefits, which actually, I covered in the previous. So if you want more specifics on that, you may take a look at the prior video. But essentially, it works like this. The benefits that you receive personally due to the disability, that’s going to go towards your gross income for determining the amount of your child support that is due per month.
Now, also, your child may be awarded a benefit separate from your benefit but also due to your disability and your eligibility for being a veteran. That amount payable to the child goes towards and is added to your gross income for determining the amount of child support you pay.
But that amount also offsets your ultimate obligation for child support. So if you have a child support order that’s ordering you to pay $500 per month and your child is receiving $500 per month in disability benefits due to your disability and due to you being a veteran, that counts towards your obligation, so you don’t have to pay any child support beyond that. That amount totally covers it.
Now, if the child support obligation is 750 and they’re receiving $500 from the Veterans Administration, then you’re going to have to pay that additional 250 monthly in child support.
If it’s reversed and your obligation is 500 but the benefits are 750, then you’ve got an additional 250 that’s paid by the veterans beyond what your child support obligation is.
So can you use that to pay off an arrearage? Can you pay that forward on a future obligation? You cannot. That are just additional benefits the child gets beyond what your obligation is and it does not affect it in any other way. You don’t get credit for that.
So hopefully that answers your questions related to how to treat veterans’ disability compensation for how it affects child support in Oklahoma. If you’ve got more questions about child support or specific questions about your circumstances, don’t just take the information from this general video.
Get a consultation with an attorney that is private, confidential, and more detailed about what you have going on in your life. To get that scheduled with somebody at my office, you can go online to MakeLawEasy.com.
