Lonnie Loving appeals an order directing him to pay child support in the amount of $333 per month, contending that federal law prohibits consideration of his Veterans Administration (“VA”) disability benefits as income under the District of Columbia Child Support Guideline (“Guideline”), D.C.Code § 16-916.1 (1989 Repl. & 1996 Supp.). Although we have never decided this issue, our decision is governed by the Supreme Court’s analysis in
Rose v. Rose,
Loving, a veteran who is completely disabled as a result of post-traumatic stress disorder, receives, as his sole source of income, $1848 per month ($22,176 per year) in veterans’ disability benefits and $820 per month ($9,840 per year) in civil service retirement benefits. 1 In March of 1992, Renee E. Sterling filed a petition to establish paternity and provide support for her and Loving’s minor child, Xavier Sterling. In September of 1992, a Superior Court Hearing Commissioner calculated Loving’s support obligation at $425 per month pursuant to the Guideline, by considering Loving’s veterans’ disability benefits as income. In October of 1992, the VA began apportioning $62 per month from Loving’s disability benefits for the support of Xavier. Subsequently, upon Loving’s motion and a trial court remand for consideration of new evidence, the commissioner reduced Loving’s support payment to $333 per month. 2 Loving then moved for trial court review of the commissioner’s order, which was affirmed. This appeal followed.
The Guideline provides that, for the purposes of determining the amount of one’s child support obligation, “gross income means income from any source, including, but not limited to ... Veteran’s benefits.” D.C.Code § 16-916.1(c)(9). The Guideline does not distinguish between types of veteran’s benefits and does not state that any are exempt from garnishment.
Id.
Nevertheless, Loving contends that his VA disability benefits may not be considered “income” for purposes of determining his child support obligations. Specifically, he argues that the D.C. child support statute is preempted by a federal statutory scheme that protects VA disability benefits from state court infringement.
See
U.S. Const., art. VI, el. 2. In support of his argument, Loving cites 38 U.S.C. § 3107(a)(2) (recodified as 38 U.S.C. § 5307(a)(2) (1991))
3
and 38 U.S.C. § 211(a)
Applying the principles set forth by the Supreme Court in
Rose, supra,
The Supreme Court affirmed the contempt order, finding no conflict between the state law and the veterans’ benefits provisions of Title 38 or the garnishment provisions of the Child Support Enforcement Act of Title 42.
Id.
at 636,
The Court concluded that 38 U.S.C. § 3107(a)(2) and 38 U.S.C. § 211(a), the precise statutes Loving relies on here, do not displace a state court’s power to enforce an order of child support.
Id.
at 628-30,
In the present case, the trial court was authorized by the Guideline to consider Loving’s disability benefits as income in determining the amount of his child support obligation. D.C.Code § 16-916.1(e)(9). Because
Finally, the
Rose
Court interpreted the very two provisions from the Child Support Enforcement Act that Loving cites in his support here.
See Rose, supra,
Affirmed.
Notes
. Loving, through a voluntary agreement, pays $6405 per year to support another of his children. He siso has a medically certified need for a housekeeper, for whom he pays $50 per week. He also claims that he pays $200 per month for yard work.
. This sum was calculated by making certain adjustments to Loving’s gross income, which resulted in a guideline support amount of $395 per month. The $62 already being paid through the VA apportionment was subtracted to reach the $333 figure. Neither party challenges the amount calculated by the commissioner.
.Section 5307(a)(2) provides that “[a]ll or any part of the compensation ... payable on account of any veteran may ... if the veteran’s children are not in the custody of the veteran, be apportioned as may be prescribed by the Secretary.” 38 U.S.C. § 5307(a)(2) (1991).
. Section 511(a) provides that "[t]he Secretary shall decide all questions of law and fact necessary to a decision by the Secretary under a law that affects the provision of benefits by the Secretary to veterans or the dependents or survivors of veterans.... [T|he decision of the Secretary as to any such question shall be final and conclusive and may not be reviewed by any other official or by any court, whether an action in the nature of mandamus or otherwise.” 38 U.S.C. § 511(a) (1991).
. Section 659(a) provides that “moneys, (the entitlement to which is based upon renumeration for employment) due from, or payable by, the United States ... shall be subject ... to legal process brought for the enforcement against such individual of his legal obligation to provide child support or make alimony payments.” 42 U.S.C. § 659(a) (1991).
Section 662(f)(2) provides that money that is "based upon renumeration for employment” does not include "any payment by the Secretary' of Veterans Affairs as compensation for a service-connected disability." 42 U.S.C. § 662(f)(2) (1991).
.
The
Rose
Court also determined that the VA allocations to veterans’ children are merely one mechanism for ensuring that children receive support payments.
Rose, supra,
