Q: Title 26 IRS code Pub. 525 states my veterans disability shall be excluded as income.Why are the courts not honoring it?
They are using that as income to calculate child support. How is that legal? Or should i get a lawyer?
A: Va. Code § 20-108.2. Guideline for determination of child support
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C. For purposes of this section, "gross income" means all income from all sources, and shall include, but not be limited to, income from salaries, wages, commissions, royalties, bonuses, dividends, severance pay, pensions, interest, trust income, annuities, capital gains, social security benefits except as listed below, workers' compensation benefits, unemployment insurance benefits, disability insurance benefits, veterans' benefits, spousal support, rental income, gifts, prizes or awards.
IRS Code is federal and says disability is not taxable. For child support purposes, it is not being taxed. It is being included for purposes of the calculation, which state law allows.
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