Introduction
In Florida, calculating child support is a formula-driven process guided by statutory guidelines, but courts retain discretion to deviate from the presumptive amount under certain circumstances. One particularly complex area arises when a parent receives Veterans Affairs (VA) disability compensation. While VA benefits are often protected from garnishment and treated differently from other income sources, they are still part of the court’s analysis in determining child support obligations.
For military veterans in Tampa, this issue can be both legally and emotionally sensitive. VA disability compensation reflects sacrifice and service, and some parents assume these funds are exempt from consideration in family court. Others may attempt to exclude them entirely from child support calculations. But the Florida courts approach VA disability income with nuance, weighing the parent’s needs, the child’s needs, and public policy in support of children’s financial welfare.
A knowledgeable Tampa divorce lawyer will understand how to present VA disability income properly in support proceedings, advocate for fair deviations where appropriate, and ensure the court’s decision reflects both statutory requirements and the unique circumstances of military service. This article explores how VA disability benefits affect child support in Florida, when courts may deviate from guideline amounts, and how a Tampa divorce lawyer can navigate these issues to achieve a just outcome.
How Florida Calculates Child Support
Florida’s child support system is based on a statutory formula found in §61.30 of the Florida Statutes. The court considers:
- Each parent’s monthly net income
- The number of children
- The percentage of time each parent spends with the child
- Costs of childcare and health insurance
- Special medical or educational needs
The resulting figure is presumptively correct. However, courts may deviate upward or downward by up to 5% without written explanation. Deviations beyond 5% require specific factual findings justifying the departure.
A Tampa divorce lawyer will examine whether income sources like VA disability justify such a deviation under the facts of the case.
Is VA Disability Income Counted as Income for Child Support in Florida?
Yes. Florida courts typically include VA disability compensation as part of a parent’s gross income for child support purposes. This applies even though:
- VA disability benefits are not taxable
- These benefits are protected from garnishment under 38 U.S.C. § 5301
- The parent may be permanently disabled or unemployable
VA disability benefits are intended to replace lost wages due to service-connected injuries, and the court may consider them part of the parent’s ability to support their child. A Tampa divorce lawyer can explain how the benefits are structured and advocate for appropriate consideration.
What If the Veteran Is 100% Disabled and Cannot Work?
When a parent has a 100% VA disability rating, courts are more likely to consider a deviation from the standard child support guidelines. However, this does not automatically excuse the parent from all support obligations.
Courts may consider:
- The veteran’s total monthly income from VA and other sources
- The extent of their physical or psychological impairments
- Additional public assistance or pension income
- The needs of the child and the custodial parent
A Tampa divorce lawyer may request a downward deviation if the veteran’s disability prevents gainful employment and the sole source of income is exempt or limited VA benefits.
Apportionment of VA Benefits to a Child
In some cases, VA disability benefits may include an additional allowance for dependent children. If so, the custodial parent may receive a direct payment from the VA on behalf of the child. This is known as “apportionment.”
Florida courts typically credit these payments toward the child support obligation. That means:
- The non-custodial veteran parent may get a dollar-for-dollar credit for any VA payment made directly to the child
- The amount of that credit is deducted from the court-ordered child support
A Tampa divorce lawyer must ensure that these payments are properly accounted for and documented in the support order.
Common Arguments for Downward Deviation Based on VA Disability
Veteran parents seeking a lower child support amount often argue:
- Inability to Work
Total and permanent disability ratings may be used to show that the parent cannot engage in any substantial gainful activity. - Limited Fixed Income
Monthly VA benefits may be fixed and insufficient to meet both personal and child-related needs. - Protected Federal Benefits
While not exempt from being considered as income, the parent may argue that these funds were intended to compensate for service-related injury and should not be overly burdened. - Other Support Provided
The parent may provide housing, transportation, or other non-cash support that benefits the child.
A Tampa divorce lawyer can present medical evidence, financial affidavits, and testimony to support the downward deviation request.
Arguments Against Deviation: The Child’s Right to Support
Conversely, custodial parents may argue that:
- The Veteran Still Has Income
VA benefits, even if exempt from garnishment, are income that can support a child. - Children Are Entitled to Share in the Parent’s Resources
The court’s priority is the child’s welfare, not the preservation of the parent’s benefit. - The Parent May Have Other Income Sources
Many veterans receive military retirement, SSDI, or pension income in addition to VA disability. - Deviation Would Undermine Equity
Allowing a downward deviation solely based on VA benefits could set a harmful precedent.
A Tampa divorce lawyer representing the custodial parent can argue for full inclusion of VA benefits and oppose any unwarranted reduction.
Can VA Disability Be Garnished for Child Support?
VA disability benefits are generally protected from garnishment under federal law. However, there are exceptions:
- If the veteran waived a portion of their military retirement to receive VA disability, the waived portion may be subject to apportionment.
- The VA can directly pay a portion of the disability benefit to a dependent through a process called “apportionment” if the veteran fails to provide adequate support.
Florida courts typically do not garnish VA benefits, but they can enforce child support orders through contempt, license suspension, or income withholding from other sources. A Tampa divorce lawyer will identify available enforcement options and navigate VA restrictions effectively.
What About Combined VA and Military Retirement Income?
Many veterans receive both military retirement pay and VA disability. Depending on the election made, the retirement benefit may be reduced by the amount of the VA benefit. This is known as a “VA waiver.”
- Retirement pay is subject to child support garnishment.
- VA disability, if received in place of retirement, may be considered income but not garnished.
- Courts must carefully allocate what portion is VA and what is pension to assess enforcement rights.
A Tampa divorce lawyer can work with DFAS (Defense Finance and Accounting Service) and examine the Leave and Earnings Statement (LES) to determine accurate income.
Use of Income Imputation in VA Disability Cases
Courts may impute income to a parent who is voluntarily unemployed or underemployed. However, when a parent is receiving VA disability due to service-connected conditions, imputation must be supported by evidence that:
- The parent is capable of working despite their disability
- The parent is intentionally limiting income to avoid support
- The parent has unreported or undeclared income
Veterans with medical discharge or unemployability findings are less likely to be subject to imputation. A Tampa divorce lawyer can oppose improper imputation or defend it, depending on which side of the case they represent.
How Parenting Time Affects Child Support When VA Benefits Are Involved
The amount of overnights each parent has significantly affects the child support obligation in Florida. When a disabled veteran shares substantial parenting time:
- Their support obligation may be reduced under the child support guidelines
- Courts may factor in the cost of transportation, housing, and medical needs during the veteran’s time with the child
- In cases where the veteran has primary custody, they may be entitled to receive child support
A Tampa divorce lawyer will ensure that all time-sharing factors are properly weighted in the child support calculation.
VA Disability and Supplemental Income: What Else Counts?
Veterans may also receive:
- SSDI (Social Security Disability Insurance)
- Military retired pay
- Civilian disability or long-term disability policies
- Income from rental property, investments, or part-time work
All of these are included in gross income unless specifically exempted. A Tampa divorce lawyer will gather comprehensive financial disclosures to ensure the child support amount reflects actual income, not just VA disability.
Deviations Based on Extraordinary Medical Expenses
If a veteran parent has ongoing medical costs related to their disability, courts may consider this as a basis for downward deviation, particularly when:
- The parent has high medication or treatment costs not covered by VA
- The disability requires extensive home care or mobility assistance
- The parent supports other dependents or family members with special needs
Florida courts may depart from the presumptive child support amount if justified. A Tampa divorce lawyer can present medical billing, VA records, and affidavits to support this deviation.
Modification of Support Based on Change in VA Benefits
A change in VA disability rating or monthly compensation may justify a modification of child support. Examples include:
- Increase in rating due to worsening condition
- Loss of additional dependent allowance
- Transition from unemployability to part-time work
- Receipt of a Special Monthly Compensation (SMC) award
To modify support, a Tampa divorce lawyer must file a Supplemental Petition for Modification and demonstrate a substantial change in circumstances.
Handling Support Orders Through DFAS and the VA
When military retirement pay is involved, support orders may be enforced through DFAS. However, VA disability-only recipients must:
- Pay voluntarily
- Be subject to indirect enforcement (e.g., contempt or license suspension)
- Cooperate with the court to avoid escalation
A Tampa divorce lawyer will identify the correct enforcement pathway and work with agencies as needed to secure or contest support.
Real-World Examples of Deviation Scenarios
- 100% Disabled Veteran With Sole Income from VA Benefits
Court allowed downward deviation due to lack of other income, high medical expenses, and limited earning capacity. - Veteran with VA and Military Retirement Pay
Full guideline support ordered, with no deviation, because total income exceeded $6,000/month. - Custodial Parent Receives Apportionment
Court credited VA child apportionment payments toward monthly obligation, reducing the veteran’s required payment. - Veteran Claims Inability to Pay, but Evidence Shows Rental Income
Court imputed income and ordered support at guideline level, citing underreporting.
A Tampa divorce lawyer is essential in gathering evidence and framing the legal argument for or against deviation.
FAQ: Child Support Deviations When One Parent Has VA Disability Income
Is VA disability income included when calculating child support?
Yes. Florida courts consider VA disability benefits as income for support purposes, even though they are not taxable.
Can VA benefits be garnished to pay child support?
Generally no, unless the benefit replaces waived military retirement pay. However, courts can still enforce support orders through other means.
What if I’m 100% disabled and can’t work?
You may qualify for a downward deviation, but it’s not automatic. The court will consider all your income and expenses.
Do VA child apportionment payments count toward support?
Yes. If the VA pays your child directly, those payments typically reduce your support obligation dollar for dollar.
Can the other parent get support if I only receive VA benefits?
Yes. Your child is entitled to financial support from you regardless of the income source.
What if my disability rating changes?
You can request a modification if your income increases or decreases significantly.
Will the court consider my medical costs?
Possibly. Extraordinary medical expenses may justify a downward deviation.
Can VA disability be imputed as income if I’m not working?
Yes. Courts can use your VA income in the support calculation even if you’re not employed.
Do I need to disclose my VA benefit amount in court?
Yes. Full financial disclosure is required, including VA benefit amounts and dependent allowances.
Should I hire a lawyer for this issue?
Yes. A Tampa divorce lawyer can ensure your rights are protected and that the court considers all relevant facts in support calculations.
VA disability benefits carry deep meaning and reflect sacrifices made in service to the country. But when children are involved, Florida courts must also consider the child’s right to financial support. Whether you’re the veteran or the custodial parent, working with a skilled Tampa divorce lawyer ensures that support is calculated fairly, in accordance with Florida law, and with full awareness of the unique role VA disability income plays in the outcome.
The McKinney Law Group: Legal Support for Every Stage of Your Divorce in Tampa
From your first consultation to final judgment, The McKinney Law Group provides the comprehensive legal guidance you need. We help clients across Tampa navigate the legal, emotional, and financial challenges of divorce with clarity and strength.
We offer representation for:
✔ Contested and uncontested divorce matters
✔ Parenting plan creation and time-sharing negotiations
✔ Complex asset division, including businesses and retirement accounts
✔ Alimony determination and support enforcement
✔ Legal modifications as your circumstances evolve
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