Military Benefits & Child Support Considerations

Which VA benefits may and may not be considered ‘income’ for support order calculations?

When a child support payor receives disability benefits from the Department of Veterans Affairs (VA), these benefits are treated as ‘income’ for purposes of child support order calculations. Military pay and allowances are also calculated as part of an individual’s ‘income’ for purposes of child support orders.????

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Sources of income, as outlined by the Massachusetts 2021 Child Support Guidelines Section IA(10) include “veterans’ benefits that are not based on a person’s financial circumstances.” The VA describes their disability compensation as a benefit paid to veterans due to either disease or injuries sustained or worsened while on active duty. Since disability compensation eligibility is contingent on physical and mental health rather than on financial circumstances, these disability benefits are counted towards a support order obligor’s income.??

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Other military benefits, based on a person’s financial circumstances, will not be counted as income for either parent, according to Section IA. Such benefits may include a pension, as this is eligible to veterans with limited income. The Chapter 115 financial assistance state-run program in Massachusetts, provides financial assistance to certain qualifying veterans, and such benefits received under Chapter 115 would not count towards ‘income’ for child support calculation purposes.??

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Similarly to the VA disability compensation, Social Security benefits, are also considered part of an individual’s income for purposes of support order determinations. SSDI benefits constitute earnings and are considered the equivalent of wages because the earnings compensate an individual for services lost as a consequence of being unable to work from their disability.?

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For more detailed information for military service members and veterans regarding child support, here is a helpful resource.??