VA Disability Benefits as Child-Support Resources | In re M.G. (2026)

In the Interest of M.G., a Child, 14-25-01164-CV, October 22, 2026.

On appeal from 247th District Court, Harris County, Texas

Synopsis

Service-connected VA disability benefits may be included in an obligor’s net resources when calculating guideline child support under Texas Family Code § 154.062. An obligor seeking a statutory credit, offset, or deviation based on benefits allegedly attributable to the child must prove the amount, nature, and legal basis for that adjustment.

Relevance to Family Law

In re M.G. is significant for SAPCRs, divorce proceedings, and child-support modifications involving veterans. The opinion confirms that service-connected VA disability compensation can be considered for child-support purposes even though federal law may treat those benefits differently in other contexts. Practitioners should not conflate inclusion in net resources with characterization or divisibility in a marital-property dispute: the opinion addresses the calculation of child support, not whether VA disability benefits may be divided as community property.

The decision also clarifies the evidentiary burden associated with dependent benefits. A parent does not obtain a credit merely by asserting that some portion of a VA payment is attributable to the child. Counsel must establish whether the child actually receives a qualifying periodic benefit, the amount of that benefit, and whether Texas Family Code § 154.132 or another provision authorizes the requested adjustment.

Case Summary

Fact Summary

The parents litigated conservatorship, possession, and support concerning their two-year-old daughter. Following a bench trial, the trial court named the parents joint managing conservators, allocated parental rights, established possession and access, and ordered Father to pay child support.

At the initial trial, Mother did not present evidence concerning Father’s income. Father nevertheless testified that he was a veteran pursuing a disability claim and intended to place the child on his VA benefits. Before entry of the final order, Mother learned that Father was receiving disability income and moved to reopen the evidence because the payments affected the calculation of his net resources.

Father did not file a response to the motion to reopen. At the hearing, he argued primarily that child support should be set at zero because he provided for the child during his periods of possession. He did not otherwise preserve objections to reopening the evidence or to the scope of the reopened proceeding.

The resulting evidence showed that Father had begun receiving approximately $3,974 per month in service-connected VA disability compensation. He testified that this amount was “in addition to the dependent allowance” and believed he received an additional $109 for one child, but he was unable to identify the amount with certainty during the hearing. Although he had sent Mother $430, he clarified that the payment was not child support and instead characterized it as a voluntary gesture.

The trial court gave Father additional time to research whether the VA compensation constituted net resources and to submit supporting documentation. Father subsequently acknowledged that his service-connected disability compensation fell within Texas Family Code § 154.062(b)(5), but he requested a dollar-for-dollar credit for the alleged dependent or apportionment component and sought a variance from the guidelines based on equal possession and hardship. The record did not establish the factual or statutory foundation necessary for the requested adjustment.

Father appealed pro se and asserted fifty issues addressing trial procedure, due process, child support, conservatorship, possession, and the trial court’s findings.

Issues Decided

• Whether service-connected VA disability compensation constitutes net resources under Texas Family Code § 154.062.

• Whether Father established an entitlement to a credit or offset based on an alleged dependent component of his VA benefits.

• Whether the evidence required the trial court to deviate from guideline child support under Texas Family Code § 154.123.

• Whether Father preserved his complaints concerning trial time limits, reopening the evidence, restrictions on the reopened proceeding, and due process.

• Whether Father demonstrated reversible error in the conservatorship, possession, and parental-rights provisions of the final order.

• Whether Father’s challenges to the possession schedule applicable while the child was under three years old remained justiciable.

Rules Applied

• Texas Family Code § 154.062(b)(5): Net resources include United States Department of Veterans Affairs disability benefits other than non-service-connected disability pension benefits.

• Texas Family Code § 154.125(b): For one child, the presumptive guideline amount is generally 20% of the obligor’s monthly net resources, subject to the Code’s applicable limitations.

• Texas Family Code § 154.132(a): If a child receives periodic benefits because of the obligor’s disability, the court must subtract qualifying benefits paid to or for the child from the presumptive guideline amount.

• Texas Family Code §§ 154.122 and 154.123: A guideline support order is presumed to be in the child’s best interest. A party seeking a variance must present evidence rebutting that presumption and establishing that application of the guidelines would be unjust or inappropriate under the circumstances.

• Abuse-of-discretion review: A trial court has discretion to set child support within the Family Code’s parameters. Reversal requires a showing that the court acted arbitrarily, unreasonably, without reference to guiding principles, or without evidentiary support. See Iliff v. Iliff, 339 S.W.3d 74, 78, 81–83 (Tex. 2011).

• Preservation under Texas Rule of Appellate Procedure 33.1: A party generally must make a timely and specific request, objection, or motion and obtain a ruling. The appellate argument must correspond to the complaint presented to the trial court.

Application

The Fourteenth Court first examined the statutory definition of net resources. Section 154.062(b)(5) expressly includes VA disability benefits, excluding only non-service-connected disability pension benefits. Father’s evidence and post-hearing filing acknowledged that his compensation was service-connected. The trial court therefore acted within the Family Code’s express terms by including the payments in the guideline calculation.

Father’s dependent-benefit argument presented a different question. Section 154.132 requires subtraction when periodic disability benefits are paid to or for the child, but the obligor must establish the facts triggering that provision. Father testified only that he believed the dependent amount was approximately $109 and that he received the dependent portion directly. He did not establish through competent documentation the precise amount, the basis on which the VA calculated it, whether it was paid to or for the child within the meaning of § 154.132, or whether another statutory mechanism authorized a dollar-for-dollar credit.

The $430 payment to Mother did not cure that deficiency. Father expressly testified that it was not child support and described it as a voluntary gesture. The trial court was not required to treat that payment as proof of a recurring dependent benefit or as a credit against future guideline support.

Father also requested a variance based on equal possession and hardship. But equal or substantial possession does not automatically eliminate guideline support, and the guidelines remain presumptively in the child’s best interest. The appellate court concluded that Father had not presented evidence compelling a finding that guideline support was unjust or inappropriate.

The procedural complaints failed for a separate reason. Father agreed that the original trial would take no more than three hours, did not request additional time, rested his case, and did not timely object to reopening the evidence or to the limitations imposed on the reopened proceeding. His trial-court objection that he supported the child during his possession periods did not preserve the distinct due-process and procedural theories he later advanced on appeal.

Holding

The Fourteenth Court held that Father’s service-connected VA disability compensation could be included in his net resources under Texas Family Code § 154.062(b)(5). The statutory exclusion for non-service-connected disability pension benefits did not apply to the benefits shown by this record.

The court further held that Father did not establish an entitlement to a credit or offset for the alleged dependent component. An obligor seeking such an adjustment must prove the amount and nature of the benefit and demonstrate that it qualifies for subtraction under § 154.132 or another applicable provision.

The court held that Father did not demonstrate an abuse of discretion in the refusal to deviate from guideline support. His reliance on possession time and asserted hardship did not establish that application of the guidelines was unjust or inappropriate.

The court also held that Father failed to preserve his procedural and due-process complaints. His challenges to the possession schedule applicable while the child was under three were moot, and he did not demonstrate reversible error concerning conservatorship or the allocation of parental rights. Any assumed error in a conclusion regarding limitations on his parental rights was harmless. The judgment was affirmed.

Practical Application

For family-law litigators, In re M.G. should shape both discovery and the presentation of child-support evidence.

• Original SAPCRs and divorces: Serve targeted discovery requesting VA award letters, benefit-verification letters, payment histories, disability classifications, dependency determinations, and records identifying any payment made directly to or for a child.

• Child-support modifications: Determine whether the VA benefit existed at the time of the prior order, whether its amount has changed materially and substantially, and whether a new dependent benefit has begun or ended.

• Dependent-benefit claims: Do not rely solely on the obligor’s testimony that a portion of the monthly payment is “for the child.” Establish the amount, recipient, duration, and statutory basis through admissible VA records.

• Section 154.132 credits: Distinguish between an increased payment made to the veteran because the veteran has a dependent and a periodic benefit actually paid to or for the child. The evidentiary record should permit the court to determine whether § 154.132 applies and to calculate the exact subtraction.

• Possession-based deviations: Equal or expanded possession is not itself a substitute for evidence under § 154.123. Develop the child’s expenses, each parent’s resources, allocation of recurring costs, travel expenses, extraordinary needs, and other statutory factors.

• Property cases: Preserve the distinction between using disability compensation as a child-support resource and attempting to characterize or divide the benefit as marital property. The analysis governing support does not necessarily resolve federal-preemption or property-characterization questions.

• Reopened evidence: If the opposing party moves to reopen, file a written response and clearly object to the reopening, its scope, any time restrictions, and any asserted lack of notice. Obtain express rulings and make an offer of proof when evidence is excluded.

• Appellate positioning: A large number of appellate issues cannot compensate for an undeveloped record. The strongest appeal begins with precise objections, authenticated exhibits, statutory findings, and a record demonstrating how the alleged error affected the judgment.

Checklists

Proving VA Disability Income

• Obtain the current VA award or decision letter.
• Obtain a benefit-verification letter stating the gross monthly payment.
• Confirm whether the disability compensation is service-connected.
• Separate disability compensation from any non-service-connected pension.
• Obtain payment histories covering the relevant support period.
• Identify changes in disability rating, dependency status, or monthly compensation.
• Authenticate and offer the records into evidence.
• Prepare a demonstrative showing the proposed net-resources calculation.

Establishing a Dependent-Benefit Credit

• Identify the precise benefit allegedly attributable to the child.
• Determine whether the payment is made to the obligor, the obligee, or directly to or for the child.
• Obtain the VA dependency determination or apportionment records.
• Prove the exact monthly amount and effective date.
• Establish whether the payment is recurring or was a one-time retroactive payment.
• Tie the evidence expressly to Texas Family Code § 154.132.
• Distinguish a dependency-based increase in the veteran’s compensation from a benefit paid to or for the child.
• Request findings identifying the amount of any subtraction and the resulting support calculation.

Seeking a Guideline Deviation

• Plead the requested deviation and identify its statutory basis.
• Address the presumption favoring guideline support.
• Present evidence concerning the child’s actual needs.
• Document each parent’s resources and recurring expenses.
• Quantify expenses associated with possession, transportation, insurance, education, and medical care.
• Explain why the guideline amount would be unjust or inappropriate.
• Propose a specific alternative support amount.
• Request findings under §§ 154.122 and 154.123.

Responding to a Motion to Reopen

• File a written response stating each procedural and substantive objection.
• Address notice, surprise, prejudice, and the ability to obtain responsive evidence.
• Object on the record before additional evidence is admitted.
• Request sufficient time for discovery and preparation.
• Object specifically to any improper limitation on rebuttal evidence.
• Make an offer of proof for excluded testimony or exhibits.
• Obtain an express ruling on each objection.
• Ensure that the reporter’s record contains the entire preservation sequence.

Preserving a Child-Support Appeal

• Object using the same legal theory intended for appeal.
• Obtain rulings on objections, motions, and requested relief.
• Offer excluded evidence through a bill of exception or offer of proof.
• Request findings concerning net resources, statutory deductions, and guideline calculations.
• Request findings supporting or rejecting a deviation.
• Confirm that all financial exhibits are admitted and included in the clerk’s record.
• Explain how the alleged error probably caused an improper judgment.
• Prioritize preserved, outcome-determinative issues rather than multiplying appellate points.

Citation

In the Interest of M.G., a Child, No. 14-25-01164-CV (Tex. App.—Houston [14th Dist.] Oct. 22, 2026, no pet. h.) (mem. op.).

Full Opinion

Read the full opinion.

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