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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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Except that you latch onto the part about not being liable to attachment, etc, when what the state courts are doing is not attachment. They are not saying you have to use your VA money to pay CS. They are not requiring you in any way to use it, specifically, which is the limits to which this statute goes.

They DO require you to use whatever resources you have at your disposal to pay your obligation. Short of an act of federal law, this is not going to change, and to my (albeit limited) knowledge, there isn't a divorce attorney anywhere that had managed to do anything other than deplete a vets checkbook fighting this.

http://www.fa-ir.org/alabama/cs/cs_disability.htm

Note Para. 3:

"The Supreme Court stated that state-court jurisdiction in awarding support was not preempted by 38 U.S.C. s 3101 (a) as well.(1) This statute protected veterans' disability benefits from attachment, seizure and garnishment. It was the Court's position that Congress intended that these benefits provide for the veteran as well as his dependents. Thus, states awarding child support did not conflict with Congress' intent and consequentially, the statute."

Brother you need an attorney. You are paying now and she wants a raise.

According to this it is protected but again, you need an attorney.

Payment of benefits due or to become due under any law administered by the secretary shall not be assignable except to the extent specifically authorized by the law, and such payments made to, or on a account, of a beneficiary shall be exempt from taxation, shall be exempt from the claim of creditors, and shall not be liable to attachment, levy, or seizure by or under any legal or equitable process whatsoever, either before or after receipt by the beneficiary.

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My friend and his wife buy the stuff for his son directly and keep the receipts of what they purchase, so that whenever his ex-gf trolls for more money they can present the pile to the attorney and say "Why? where is what I send now going?"

I hope I didn't come off as I don't want to support my kid, because I love my child and spend as much time as I can with my child. I have a job and they are welcome to do what they wish with that income as they have every month for years. The problem was when they came after my disability, which was given to "me" for combat injuries I've suffered.

I know deep down inside all that money hardly reaches my kid when I see the condition of the clothes and shoes the kid has over with the mother. Is it fair? No...! But I give everything I can to my kid, but his money hungry mother coming after more money just because is unfair and not right. How much can a kindergarten kid waste a month... Really?

If it is the law that she gets it I guess I'm screwed then, but if it's not then it isn't right...

Just saying.... :-/

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read this very carefully. Either before or after receipt by the beneficiary.

If this veteran is divorced and already paying child support int he amt of 750 per month and he gets an increase of VA comp. (either before or after receipt by the beneficiary.)

This is not to be counted as extra income and cannot be touched. Any judge who orders this is in violation of federal law and can be jailed for doing so by a higher court. A good attorney will be needed.

J

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I believe everyone should support their children

both financially and emotionally - we need to be there

for our children.

Here's lots of links in regards to the OP question.

http://www.google.co...2Bchild+support

I agree with you. I get so upset when I see vets not wanting to support the kids.

I went and paid my support for I wanted to. He was a part of me just like that child is a part of them.

How can any one think that what little the EX will get for support really off set what they are spending? BTW the vet is getting the $$$ in his check for having the child too.

Grow-up and pay up.

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I doubt you'll find a lawyer that has won one of these. The ruling I posted quite clearly stated that State courts are not contravenening federal law by using it as means for basis of support. The benefits, as he has dependents, are for all parties in question.

CAS

read this very carefully. Either before or after receipt by the beneficiary.

If this veteran is divorced and already paying child support int he amt of 750 per month and he gets an increase of VA comp. (either before or after receipt by the beneficiary.)

This is not to be counted as extra income and cannot be touched. Any judge who orders this is in violation of federal law and can be jailed for doing so by a higher court. A good attorney will be needed.

J

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