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Divorce And Va Compensation

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randy bond

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randy bond Rookie

randy bond

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I will be on the "square and level" with you. I am from Colorado but I believe any Federal or other state court cases will help. My wife walked out on me and my 17 year son (telling me it was my disability and i needed improvement why she was leaving - docket # 06DR29 - Conejos County) AND SHE is trying to get part of my VA compensation and Social Security Disability Insurance for maintenance and she refuses to work. She has 8 years at JC Penneys, 2 years including sign language proficiency at Adams State Ciollege. I have an attorney but don't know where to turn becasue this is a very difficult and complxed case. Please can you assist me in any way. My mailing address is PO Box 489, Manassa, CO 81141. Please let me know, time is of essencec.

email please at rockhunter439@gmail.com with any all comments I welcome anything at this time

Randy C. Bond

F & AM Penns Grove Lodge #54

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  • HadIt.com Elder
Vike17 Experienced

Vike17

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Your ex-wife to be cannot obtain any of your disability compensation from VA. The only thing that can happen is the judge can and probably will take into account your disability compensation as income, which will affect the amount of alimony you have to pay your ex-wife.

The only thing she can really do is request that the money you receive additionally for your 17 year old son be appoirtioned to her (asumming your receive a 30% rating or higher). However, she must request this in writting with your local regional office. The VA will then make that decision. From the situations I have seen, the VA more often than not lets the veteran keep that portion of his disability knowing that he/she pays child support.

Your VA disability compensation is safe, your ex can'y mess with it!

Vike 17

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randy bond Rookie

randy bond

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Thanks Vike17,

I have custody of my child. He wants to remain with me. I have another question.

If I called regional and asked them to manage my financial affairs would that make it harder for her to get it? Also, generally, how do they determine how much money it takes for you to live on? How do they pay the bills and if I need more money how do they evaluate my request?

Thanks Randy

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  • HadIt.com Elder
Vike17 Experienced

Vike17

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If you have custody of your son, then your ex-wfie cannot ask VA to apportion the amount of money you receive for your dependent!Hell, I would imagine that, since you have custody of your son, your ex might have to pay you alimony! That would make your qestion of being able to manageyour finances a moot point.

However, as far as being deemed unable to handle your finances by VA, that would be something your doctor would have to answer. I assume you have a mental disability rated by VA, and it's probably at 100%, right? I have never heard of VA deeming someone unable to handle their finacial affairs say with a 50% or 70% rating.

As far as your other questions, I'm sorry I don't have any answers for those. Each state has their own laws ect...

Vike 17

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Pete53 Grand Master

Pete53

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In my opinion you need to talk to a lawyer. If you are surviving on disability and are close to a Law School they will help you using sliding scale or maybe even free. Every State is different and we have seen it happen before that when the Judge looks at income he will order you to pay.

On the bright side if you are disabled and your wife is not she is probably out of luck. I am sure that this is very hard on you and your son. I know in Dallas that the VA Social Worker had a volunteer lawyer to help Veterans with problems like yours.

Since you were married for a long time maybe your solution would be to help with what you can till she gets a job with some sort of time limit. If she walked out I am pretty sure she had something put away most people don't leave completely broke.

Good Luck

Veterans deserve real choice for their health care.

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JR Reihs Mentor

JR Reihs

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Go to Jerry Berry .com, there are load of info on this as there are several that have fought this and won.

I am unsure of the spelling but I think you will get the proper link.

Do yourself a favor.....buy some gold and silver! The printing presses are in overdrive.

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Guest DON20906

Guest DON20906

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Va would have to adjudicate you incompetent and assign a fiduciary to handle your finances. They would not do so directly

Thanks Vike17,

I have custody of my child. He wants to remain with me. I have another question.

If I called regional and asked them to manage my financial affairs would that make it harder for her to get it? Also, generally, how do they determine how much money it takes for you to live on? How do they pay the bills and if I need more money how do they evaluate my request?

Thanks Randy

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