Compensation And Divorce

[pdandrea]

I have a friend ( I am sure you all have heard that) but this is true. He is 100% with and R-1 rating plus drawing Social Security Disability. His home was built two years ago using a 50,000 special home adaptive grant and is deeded to him alone. He has been 100% since 1999 and R-1 since 2004. In July he will have been married five years. We live in Arkansas and understand the different laws of the states but he is becoming extremely distressed not knowing if she is entitlted to any of his compensation as a result of federal legislation. Is there anything that protects a veteran in his situation.

If anyone has a contact or some site information for me, I would greatly appreciate it.

Semper Fi,

[Ricky]

I have a friend ( I am sure you all have heard that) but this is true. He is 100% with and R-1 rating plus drawing Social Security Disability. His home was built two years ago using a 50,000 special home adaptive grant and is deeded to him alone. He has been 100% since 1999 and R-1 since 2004. In July he will have been married five years. We live in Arkansas and understand the different laws of the states but he is becoming extremely distressed not knowing if she is entitlted to any of his compensation as a result of federal legislation. Is there anything that protects a veteran in his situation.

If anyone has a contact or some site information for me, I would greatly appreciate it.

Semper Fi,

The VA itself will not honor any request to disburse any funds fromt the check. However, a divorce court judge can and will consider it as income which he could be directed to pay such things a alimony, child support etc..... As far as the home, once funds are expended the VA no longer cares about them. If he found himself in a situation where he was directed to sell the home by the court it would just be sold. If he is that concerned he should consult an attorney and stay away from us shade tree legal experts!!!

[Testvet]

He needs a lawyer, now is not the time to be cheap VA compensation is not supposed to be calculated into alimony payments but e all have heard about disabled vets going to jail because they refuse to pay their alimony payments no the Judge can't order the VA to pay the ex spouse but the Judge states pay the lady this amount of money each month and I don't care where you get it, many vets chose not to pay and then go to jail until they pay me I would pay the lawyer upfront because one way or another he is going to pay

[jimlane1949]

He needs a lawyer, now is not the time to be cheap VA compensation is not supposed to be calculated into alimony payments but e all have heard about disabled vets going to jail because they refuse to pay their alimony payments no the Judge can't order the VA to pay the ex spouse but the Judge states pay the lady this amount of money each month and I don't care where you get it, many vets chose not to pay and then go to jail until they pay me I would pay the lawyer upfront because one way or another he is going to pay

We are responsible for our children and divorce or separation does not exonerate us from providing for them. I find it hard to believe that a person would not provide for his or her children.

[Philip Rogers]

Jim, who said anything about child support?? He's talking "alimony." That being said he needs a good lawyer. His VA is protected but many judges illegally consider it income and order a portion of it to be used toward alimony. Also he can fight to have whatever VA and SSDI allow for dependents considered support, if support is an issue. Get a good lawyer and never marry again. His home should be somewhat protected, since it was adapted for him, but he could be ordered to give her half the value, if it's a community property state.

Ah, divorce . . . . the great equalizer!

pr

[Guest Dataman]

I find it hard to believe that a person would not provide for his or her children.

Believe it. My Ex Wife dumped my Son at 12 and he never saw a Penny of Support. Too busy shacking up all over the country.

Legal system was not worth piss. All it did was cost lawyer bills. When finally tracked down the state would not pursue it. I was not on Welfare (MS).

[Pete53]

I am like Stephen and think that its a moral obligation to provide for children. That said most States try to protect people who are disabled and we know that unless the Veteran wants to the ex wife will have a hard time getting any money from the VA.

If the spouse is able bodied perhaps the tables should be turned and the spouse should pay the ex to help out? I think most spousal benefits at VA need 10 years to continue if there is a divorce?

Lets face it the description of this Veteran indicates some real problems.