Divorce... And She Wants My Money!

[monk]

HI! lIKE THE SONG SAID...SHE WANTS MY MONEY..WHEN I'M IN NEED...SHE IS A GOLD DIGGER..A FRIEND INDEED...THAT DIGS ON MEEE ! GOING THRU A DIVORCE AND HER "FRIENDS" SAID SHE WILL HAVE A BIG PIECE OF MY DISABILITY COMPENSATION...AND HALF OF MY RETIREMENT CHECK. I KNOW ABOUT HALF OF MY RETIREMENT BUT.......SHE CAN TOUCH MY DISABILITY TOO?? I EARN THAT AWARD WITH BLOOD, SWEAT AND TEARS. SHE WASN'T THERE WHEN THE BULLETS WERE FLYING ! THAT INFO CAN'T BE RIGHT. IF IS RIGHT...I GUESS ADD MY NAME TO THE LIST OF HOMELESS VETERANS IN THE UNITED STATES. B)

[jimlane1949]

It depends a lot on whether their are children still receiving allotments as dependents. If she devorces you with children and she patitions for custody and wins, then she would have control of the childrens allotment.

If she is working and has independant means and it is a 50/50 state, then all assets at the time of the devorce will be split in half.

If their is a home involved, then she may be eligable to half the apprassed value. or half of the net selling price.

If it is an alimony state, then it may depend on if she intered into the marriage before or after your dissability.

If she is working, does she bring in more than you, if so, it could be shown she is the dominent partner and it is her who shoould pay the allimoney to help you during the period of adjustment.

FORGET EVERYTHING I HAVE SAID AND GET A GOOD DEVORCE LAWYER AND TALK TO YOUR SO IF YOU HAVE ONE.

Jim S.

p.s. Open a new bank account and reroute your check to it as soon as possible, it could take a mounth or one check before the transfer is complete.

If you have credit cards cancel them and any other financial matters that have both your names on them. When my wife divorced me she cleaned out the bank account and maxed all of our credit cards. It took me years to get out of the hole. I am sorry that you have to go through this loss.

Jim lane

[Den]

My friend got divorced and his disability check wasn't garnished but when the judge was advised that he got it he raised the amount the guy had to pay.They got you coming and going.

den

[Guest Namvet6567]

VA comp is protected. Even as cash, in your personal bank account, it is protected from attachment or garnishment, except from the VA (in the case of an error) and the IRS, for taxes. Once that cash is converted to "stuff," the stuff can be seized and sold to satisfy leins or court orders. Often judges take comp into consideration when figuring child support and order the vet to pay the higher child support amount, which can then be enforced by issuing a contempt citation, for failure to pay. Someone posted a case, here at Hadit, within the past few months, where the judge had erred in ordering Comp considered in an alimoney award but the wife had turned it down, if I recall correctly. Thought I had saved it but apparently not.

[JR Reihs]

I think that case was JERRY BERRY, the judge awarded a portion of his VA to his EX .......He refused and went to jail, but they still could not enforce or touch his VA..........After a very long court battle his wife gave in........there is a website for his case and others conserning this issue, I think I can still find it.

Point is VA is hands off period. It is protected under Federal Law, and the state courts do not trump this law regardless what a judge thinks or orders.

[betrayed]

Being that I went thru a divorce a little over a year ago, she got half my retirement, alimoney for 5 years on top of it, all the household goods, I got all the bills, including both lawyers...............I in bankruptcy now, your VA disability is not untouchable

suggest you read

http://www.dod.mil/dfas/money/garnish/supp-qa.htm

and do a search, VA Disability can be garnished

[Guest Jim S.]

As FLHRCI suggested, I did a bit of surching and found several instances where the court ordered alimony and child support or maintenance. It was ordered by the court, but I could not find if it could be collected, if the Veteran opted not pay, whether the court could direct the VA to so pay from the Veterans disability award and thus reduce the check to the Veteran, I could not find anything on it. Of course the Veteran would probably be found in contempt of a court order and go to jail and of course after a certain period of time in jail, the VA I believe can reduce your pay until you get out. But you most certainly want to let the VA know of your new address, should they want to send you any mail, such as a request for you to attend on of their famous C&P eams to determine if you are still intitled to receive your currant award.

They got the Veteran between a rock and a hard spot, pay or go to jail, it's up to the endevidual Veteran.

I'm sort of glad I haven't had any kids and I was married and devorved in a community property state, which means she would only get 50 percent of the property held in common, a VA check is not considered common property. I'm not even sure if she would be entitled to part of my SSDI award since once we are devorced, I no longer get paid for her as a de[emdent.

Jim S. :P