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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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hawkcrewchief

Can My Disability Be Counted As Income For Divorce/child Support?

Question

I've done some research and read what the USC says on how no one can attach benefits to any hearing.

And I know the Supremacy Clause states that when state and federal law conflict federal law always wins. So how is it I'm being told I have to claim it as income, and it will be calculated into there crappy formula.... Please help!

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They cannot go to the VA and take it directly, but once its in your account or in your possesion it is just income, like anything else. Thems the breaks and has always been so.

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Well Brother some aren't going to like this post or the answer to it. The ANSWER is NO but the child in question is entitled to the bene's you receive on the child's behalf. if your 100% I think its 80 or 90 bucks. I myself just went through this little under 2 years ago, VA Disability can not be attached by anyone. How ever worse case scenario if you wife leaves or vice versa she will get no more than than half you SSA and the childs check from SSA PERIOD. I to am from Florida and I no how they work and they work to screw the father period. Everyone you will not be sympathetic to you because there first thought is you a dead beat DAD, you are not you are disabled and don't want to be left homeless and broke and FL will do that if you do not fight back. You give what your supposed to and no ore because at the end of the day you will be giving a lot. I currently give 600+ for one child you are not entitled to share your VA disability with others only SSA with your children. Get you a lawyer and you will find out what I say is trueand put that "your just trying to get over" crap out of your head that is what others are thinking. If she gets it its because you gave it to them or did nothing to protect your self. Not my business I suggest you guys work it out if possible...... Good luck hope this helps No State or local Gov can attach VA Bene's period. Been there say that got the tee shirt! Hope this helps.. Yogg

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That may be the case in FLA in some situations, but the answer to his overall question is, the judge will set an amount based on all income-and that means everything-not the IRS definition of income. Therefore the judge sets a number for maintenance and it is the other partners responsibility to come up with it from whatever sources are available. Legally they are not touching your disability directly, which they cannot do, but they can and will use that amount for spousal maintenance and/or child support.

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If you have a divorce coming up get a lawyer who does divorces for military retired. They know all the loopholes and fine points of the law. You know many retired generals who get divorced manage to get retirement converted to disability pay so they can drop the old bag and marry a pretty young thing.

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They (the judge) can COUNT your VA Benefits as "income", right along with your Lottery Winnings, the money you win at the Craps Tables, the money you make picking up aluminum cans alongside I-95 and your Social Security "earnings". And, they can set your child-support payments at whatever they want to, according to your children(s) needs.

Now, it IS true that they cannot "attach" your VA benefits. But, they can and will decide HOW MUCH is gonna come outta your bank account each month, for your children.

The ONLY entity that can grab your VA bennys is....................you guessed it......the same organization that wrote yer VA check..........the FEDS. They can, and will, get anything that you own, when it comes to payin' them!

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