Trying To Help A Soldier

[pacmanx1]

I know we have talked about this but I can't remember where. I am searching for the LAW or Regulation that says that VA disability is exempt from third parties. No children involved so no child support but what about the alimony, ex is trying to get from future VA disability pay.

Edited August 27, 2010 by pacmanx1

[Testvet]

I have seen judges order child support from VA comp but I have never heard of them ordering alimony not saying it hasn't happened I have just never heard of it now there are plenty of vets who refuse to pay child support and get tossed in jail on contempt charges all over the nation if you have kids support them then again my SSD check for my son was larger than his step father SS retirement check they were really happy when I became disabled my ex never contacted me again for a penny the past decade of my life has been the most "peaceful" anyway now my son is in basic at Fort Jackson and I still don't see him

Your friend needs a divorce lawyer he doesn't want to go to court against his ex and her lawyer a self represented person even with copies of federal rules and laws can and will be beat by a professional pay up front so it costs him less or pay later on the appeals

I have to eat my words I went to Jim Stricklands columns at VA Watchdog and here is what he says

your friend DOES need a lawyer

Jim;

i will try to explain my situation, i am rated by va as 100% and the only income [other than $430 each month from my navy retirement that is not disability payments). This stupid family court judge here was made aware of Federal Law 38 USC 5301(a) , which states that it is unauthorized to use my disability payments from VA/Navy and Social Security in the calculation of alimony and thius dunderhead judge awarded my ex $3,500 each month in alimony which comes directly from these disability payments. I am trying not to pay these monies by moving out of country. I need to know what will happen to me if I do move there and stop paying my ex? This is a civil case, not a criminal case. I have been told by lawyers here that she could not touch me, and others have told me she could. I need to know how the Philippine legal system will treat this? Thanks again, I will be looking forward to your help in this matter.

Reply;

I'm not a lawyer, this isn't legal advice.

I do not believe 5301 protects veterans from child support or alimony. It is consistently viewed as income and subject to be used as such in the calculations.

See http://vawatchdog.org/09/nf09/nfmar09/nf031609-1.htm

It doesn't matter where you live. The former spouse with a court order

is allowed to "apportion" the amount from your VA payments. Click and

scroll down http://jimstrickland912.com/A.html

I've addressed this often.

You can run...you can't hide.

-------------------------

Edited August 27, 2010 by Testvet

[pacmanx1]

Funny thing is, he had a lawyer. He does have kids but they are almost grown. He does not mind paying his child support but he was ordered to pay alimony and future alimony.

[Testvet]

well as you see by Jim's answer that many courts as using "all income" for alimony and they don't care where it's coming from and as he pointed out with that court order if he quits paying it then she can take a copy of the court order to the VA and they will just apportion it and send it to her so this is not a question for the future he has been to court and he lost and it appears that he is not the first and won't be the last and I am sure unless it has a time limit on it he will pay alimony until she remarries as you can see even moving out of the country won't stop her from collecting it

does he have any friends he doesn't like that he can encourage them to get interested in her?

[john999]

Military divorce lawyers know the ins and outs of disability compensation and alimony. When a retired military person divorces if their retired pay is converted to disability pay I think the ex can't get his/her hands on it. No moral judgement just what I heard. That is why these 4 star generals try and get 100% disability when they get discharged after 40 years of service. They dump the old bag and marry a 35 year old bimbo. No alimony.

[Testvet]

John some states and some Judges don't care where the money comes from they attach the VA comp as well or they put the amount in the final order and like they tell the vet they don't care where the money comes from just pay the total amount if it's not paid they can and have been found in contempt and sent to jail and in a lot of the cases the ex takes a copy of the judgement to the VA and they just apportion it

now some states won't let the judges do it but most of them are they better be sure on which state they live in when they get divorced

[JR Reihs]

This is a continued fight.........any Judge that ignores controlling law by making their own, should be disbarred.

http://jerebeery.com/index.html < good info there.

Edited August 28, 2010 by JR Reihs