Ex took low paying job so that wife would have to pay him child support

Question:

My ex husband took a very low paying job after he retired from the National Guard. He was making six figures as a Lieutenant Colonel and then got a job working for only $27,000 a year. His annual pay cut was almost $100,000. He cannot collect his retirement for 11 more years. As a result, he took me to court and now, as his ex-wife I pay him child support. We have 50/50 joint physical and legal custody. I know he is receiving a VA disability rating, most likely 100% because I know of all of his service connected diagnoses. How do I, as the one who is paying support to a Veteran who I suspect is receiving a large compensation go about proving this? I feel like as a civilian I will have a difficult time.

Jim's Reply:

When we go to divorce court, the court requires us to report income, assets and financial obligations. The report is to include all income, including disability income. No matter what anyone may tell you, VA disability income is not protected in family court and is used in financial calculations to determine child support and alimony obligations. If you believe that your ex did not report all his income at the divorce proceedings, you may want to return to that court and open a modification hearing to determine if a modification (raising or lowering) an obligation should occur. You can do that without a lawyer in most family courts by contacting the clerk of court and asking how to file the papers yourself. If the court determines that your ex hid income, he may be found in contempt of court. Good luck.


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