I am trying to get my full amount of child support.. Can I take him back to court for not withholding orders and contempt of court for non payments. Also he is $35,000 in the whole.

Q) I am trying to get my full amount of child support and also alimony he is retired and 100 disabled and is remarried with a new higher income with 3 extra dependents dependents I am to receive 767.00 child support monthly And 500 a month for 36 months as spousal support. My question is this.. Can I take him back to court for not withholding orders and contempt of court for non payments. Also he is 35,000 in the whole.

A) I understand that you’re dealing with a complex situation regarding child support and alimony. Let’s break it down:

1. VA Disability Benefits and Divorce:

• VA disability benefits are not considered an asset during divorce proceedings under federal law. This means that disability income cannot be automatically divided between former spouses during divorce.
• However, state laws regarding the division of VA disability income can vary. Attorneys representing both parties should determine how state law impacts the division of assets in the divorce.
• The VA allows garnishment of disability pay when the veteran falls behind on child support or alimony payments. The amount that can be withheld ranges from 20% to 50% based on the veteran’s number of legal dependents.
• Only the portion of compensation that replaces regular military retirement pay is subject to garnishment for non-payment of child support or alimony.
• There are restrictions on garnishing VA disability compensation for alimony, such as undue financial hardship or evidence of adultery by the former spouse while married to the veteran¹.

1. Spousal Support (Alimony):

• If your ex-spouse qualifies for Social Security Disability Insurance (SSDI) benefits, you may be eligible to receive alimony if:
  • You were married for ten years or more.
  • You are at least 62 years old.
  • You have not remarried.
  • You are not eligible for a larger Social Security payment based on your own earnings record².

1. Taking Legal Action:

• If your ex-spouse is not complying with court orders for child support and alimony, you may consider taking legal action.
• Consult with an attorney to explore your options, which may include filing for contempt of court due to non-payment.
• Keep in mind that each case is unique, and legal advice specific to your situation is essential.

1. Financial Situation:

• You mentioned that your ex-spouse is $35,000 in debt. This financial situation may impact their ability to meet support obligations.
• Discuss this with your attorney to determine the best course of action.

Remember, seeking legal advice from a professional attorney is crucial to navigate the complexities of your case. They can guide you through the process and help protect your rights and interests.