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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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3 hours ago, brokensoldier244th said:

Yes. They can't garnish it directly but they can use it to figure support,

 

3 hours ago, brokensoldier244th said:

Yes. They can't garnish it directly but they can use it to figure support,

I am in Florida and receive SSDI and TDIU, most definitely it is used for child support calculations, I disclose every penny of it.  I use it to support my children just like any other income.  It may not be garnishable but if you don't pay it, you will lose your license and can be found in contempt.  Just because we are disabled doesn't mean we aren't financially responsible for our children which is calculated by the courts quite equitably here in Florida.

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My dad was a US Army Korean War vet (100% Mental Handicapped) and never paid my mother with 2 kids squat. He would just get us $50 toys on Christmas every 8 years (2 times total - a bike and a radio.) I just remember him taking me to the PX at Ft. Mac so he could drink a pitcher of beer one time, maybe twice, and letting me have any sandwich I wanted at McDonald's before he went to jail (so I would be a fetch-it boy.)

There were no stiff laws then, and even if there were, it may take more money and time to get than it's worth. I know my Mother would have done anything. Living in lower income neighborhoods is life threatening on the kids (or anyone really.) It was tough until she remarried to a WWII Navy Vet, RIP. My Step-Dad was the best, and had 4 kids of his own beforehand. Kids are a huge responsibility the VA can't assign overhead to oversee. The VA has difficulty enough enforcing the responsibilities congress mandated them to do in the first place. 

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Seminoles: Sounds like Hawk will still have to write the support check, unless he has Earned Income from a job.

I've known some disgruntled guys, always thought their Child Support payments went to support the X's new Jody. They never seemed to realize the cost of raising and providing for the kids. When they kept crying about it, I would use the old saying, think about it as "The Fxxxing you get, for the Fxxxing you got." Nobody rides for free, right.

Semper Fi

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The crazy one here, I agree that this OP(Original Post) is too old and any questions should be posted on a new post.  Here's the thing, the laws has not changed. What changed over the years are lawyers and judges opinion of income. VA Benefits cannot be garnished but they can be apportioned if a certain amount is determined by the courts and written in the divorce decree for the veteran to pay. The spouse can contact VA to get the apportionment started with courts documents and if the veteran does not pay the spouse can go back to the courts and try to force the judge to make the veteran pay.  The judge will then tell the veteran to pay or go to jail even though these benefits are set up to care for the veterans disabilities, these benefits are also set up to care for the veterans dependents.  Lawyers and Judges then look at the amount each individual is making and totally ignore the veterans disabilities and set an amount where they feel is acceptable and if it is calculated in the divorce decree, the veteran will most likely have to pay it.  As someone said in a post years ago, if any veteran is pending a divorce it is best to find a military divorce lawyer and get  a good one or they will have to pay whatever the courts deem.  Now due to hardship to the veteran, the veteran can request the courts to lower a particular amount if it really causes hardships and some courts have agreed to this. The most recent post are not really about child support but are about extracurricular activities. These activities are above and beyond the child support and the veteran does not have to pay for these. S/He will just have to explain to their children that they cannot afford it at the moment and have them choose another activity that does not cost as much. Of course this is my humble opinion and I hope the best for the veteran and his/her family.  Yes I went through this a few years ago and now kids are in college, CH35 really helps.

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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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