Can Your Compensation Money Be Split During A Divorce

[hawkcrewchief]

I was divorced from my wife and in the hearing it stated to include all forms of income. So I left out my VA income because it is for MY disability. Her attorney went after it and the judge included it and said VA or no VA it is still income so it was included in calculating my monthly child support. Can they use my VA compensation for this..? I thought I read on here somewhere that people could not go after that? At this point it is too late but since I got just got reviewed for an C&P increase it is good to know if they come back after me for more $$$.

[kw34]

you want win this one it is income and once you expose it the got you they can't make the VA pay but they can make you pay and it is varifiable income.

[kw34]

look at the reg closely no one can put a claim on it the will not take a portion of you back pay and give it to your ex. But if she tells the court that you recieve an additional $1000 a month and you acknowledge because the will make you appear to show cause and they verifiy that you recieve it it is subject to child support.

[hawkcrewchief]

look at the reg closely no one can put a claim on it the will not take a portion of you back pay and give it to your ex. But if she tells the court that you recieve an additional $1000 a month and you acknowledge because the will make you appear to show cause and they verifiy that you recieve it it is subject to child support.

I figured thats what would happen.. oh well hopefully it makes it to my son and not the hair salon. Thanks

[kw34]

Hawk,

Going thru this ex went for apportionment and I dont recieve anything claim was still in predevelopment she found out from a no ex friend. She was denied told that I do not recieve benefits from the VA just money hungry. Have a good friend in system gave me a heads up. I already pay well over $1000 per month when I do win (never give up) she will never know. Remember the can not make the VA do anything but they can make you pay if the find out. Good luck

[rentalguy1]

It is legit when considering total income in a divorce case for either alimony or child support. The court cannot garnish the VA disability, but your child support will be calculated based upon income. Been there done that. The only folks that can't touch it are the state and feds when seeking back taxes, and any creditor to whom you owe a debt, which is what the reg jbasser posted states.

Sorry. ;)

[Ricky]

kw34 be careful telling others to not disclose anything to the court.

As others have stated it IS income during such proceedings. It can not be garnished or otherwise attached by the court as the VA will not reconize the order (which is lawful). However, the ole judge could care less in his figuring your total child support or alimony as to where the money comes from. Intentional failure to disclose it will cause you to see the inside of the bars for attempt. Just some friendly advice.

Edited December 23, 2008 by Ricky