State is seeking child support


Hello sir. I am a 100% connected veteran.  My son's mother applied for a state benefit assistance in Michigan and they asked if she was living with me and she said no and now they're coming after me will making me go to court to decide how much child support I should pay for her. I pick my son up every day from school and around 3 days during the week, he'll stay the night and every other weekend.  I am very much involved in his life every single day, I am concerned because what I've heard is they are going to take 25% of my service-connected benefit pay.  I can work but I can't work.  I have PTSD and it's pretty severe.  If you have time I just would like a little bit of advice or what to expect thank you very much. The benefit is my only source of income;  without that, I'm "screwed." Thank you again sir. (My sister has offered to get me a lawyer) no idea if that is recommended or needed.

Jim's Reply:

The court will see your VA disability income (and any other income or asset) as what you have to care for your family. The only goal the court has is the welfare of the children and that includes their financial status as much as anything else. The court won't order a percentage of your income like a straight 25% but will use a financial statement from both parties to determine what you will owe. Once you're ordered to pay that amount, no matter what the amount is, that's pay or you're in contempt of court. If you have a way to retain a divorce lawyer, that's not a bad idea...however, a lawyer can be very expensive and in your case the outcome may be the same no matter what. Your VA disability money is awarded to you so you can care for yourself and your family. Divorce doesn't separate you from your responsibilities to your children and whatever the court orders, you'll want to comply.