If you are separating and you receive Veterans Affairs (VA) benefits, it can be hard to know if you have to include your VA benefits in your income when it comes to figuring out the amount of child support or spousal support that is appropriate.

Lawyers use the amount of income earned by each spouse as the basis for figuring out how much support should be paid.  When one or both spouses receive VA benefits, this calculation can be tricky.

There have been cases decided in Canadian Courts where a veteran spouse must pay child or spousal support based upon an amount of income that includes none, some or all of the VA benefits.  In fact, there have been two recent cases in the Kingston Court that have had somewhat different outcomes.  In one case, the VA benefits were all included in the husband’s income, which meant that he has to pay more support than if it was excluded.  In the other case, a portion of the VA benefits was included and another portion excluded, depending upon the type of VA benefit received.

These conflicting cases have left veterans who receive these benefits and their spouses confused about how they calculate their own support obligations.  Seeking early advice of a family law lawyer experienced in handling VA benefits cases may help you to avoid going to Court over this issue.