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,

[Testvet]

I never said a word about NOT paying child support when I worked I paid my ex a 1000 a month for the kids, now SSD sends her a little over 900 and SC will pay for his college due to my rating at any state college in the State and VA will pay him to go to school all I said is veterans need to have lawyers when getting divorced instead of relying on advice from web sites. Each state is different and you need a lawyer that knows your states laws...I agree men and women should both have to pay child support but we all know that is not how it works...

[pdandrea]

PR

thanks for reading my dang post, my friend does have a lawyer. AND WE ARE ONLY TALKING about alimony so for everyone with their moral obligations and child support issues go find a chat room to vent in.

[luvHIM]

PR, I know things kind of went in a different direction. But here is my question: Was the veteran paying alimony BEFORE he began receiving benefits? If so, then having a lawyer is wise. But if they were already divorced when he got awarded his benefits, neither SSD or VA compensation is tampered with. Also, in the latter case, he would be wasting his money paying for a lawyer. What is the lawyer for? Is he/she a divorce attorney? If so, what for if alimony wasn't a contingency factor that was written up in the original divorce decree...then she is upso...out of luck...she can't get any of his benefits. Even if she files for modification of the divorce decree, she would have to show cause that he should be paying her alimony. Also, alimony is not always a lifetime payment. Just my two cents from experience.

Edited April 27, 2008 by luvHIM

[JR Reihs]

pdandrea,

5 years is not long and if she has or is working that part will get easier, as far as the house goes, it is only 2 years old and any equity seems to be from the money the VA granted so at the most she would or he would get a appraisal then she would be entitled to half equity minus the VA money or at least this is how it should go.

As was stated there are Vets who have made a stand and went to jail because state judges write orders to circumvent the protections given a Vet by congress.....but you will never see one of these chicken extract judges order the VA secretary to cut the ex a check because they know they cant so they order the Vet to do it so he or she can be held in contempt.

My ex tried this once and the Master comish thought he would go along but his mind was changed 3 days later with a stern motion an a copy of title 38, so tell your freind to get a good lawyer and hang on for the ride.

[Ricky]

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!!!

My post only addressed child support as an example and was not intended to indicate the person was trying to "get out of" taking care of his children. It only discussed divorce issues in a general/broad senerio.

It is not illegal for a judge to consider any/all assets a person has or receives monthly. If you have real-life questions of this nature

an attorney is the only way to go.

A post of this type will bring many opinions which are based upon morals so please refrain from screaming at others for their opinions. this "so for everyone with their moral obligations and child support issues go find a chat room to vent in" is way out of line and could be reversed and stated with wording such as if you do not want the opinions of others then you should take it to another chat room for the advise you seek. See that ain't nice either so I am not forcing it upon you and it is being provided as an example.

[Philip Rogers]

luvHIM - just curious, where did that come from? Why would he be paying alimony if he's not divorced yet! Did I miss something in the original post? That being said, alimony is usually given to a spouse who has left the workforce, stayed home to raise children and care for the home, as a means to help them become self-supporting again and is also based on how long the spouse was out of the workforce and the lifestyle he/she became accustomed to. I don't think we're talking a Heather McCartney lifestyle here, at least not on VA comp and SSDI. I recommend a good divorce atty is called for. Hey, it's only money!!! Remember "he who represents himself has a fool for a client."

pr

PR, I know things kind of went in a different direction. But here is my question: Was the veteran paying alimony BEFORE he began receiving benefits? If so, then having a lawyer is wise. But if they were already divorced when he got awarded his benefits, neither SSD or VA compensation is tampered with. Also, in the latter case, he would be wasting his money paying for a lawyer. What is the lawyer for? Is he/she a divorce attorney? If so, what for if alimony wasn't a contingency factor that was written up in the original divorce decree...then she is upso...out of luck...she can't get any of his benefits. Even if she files for modification of the divorce decree, she would have to show cause that he should be paying her alimony. Also, alimony is not always a lifetime payment. Just my two cents from experience.