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Question On Benefits For Being Married If You Are Legally Seperated

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oldman273

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Hey got a question If a disabled veteran is not fully disabled at the 100% rating and gets legally seperated how does the VA handle the payments for the wife or husband who is not a veteran? I ask as I am looking at how the VA stipulates payment. I have no idea if any how they fight it out I just want to have the right ammount of money coming in and going out. Thanks and have a good day. I am not wanting to start a flame war or anything just hear what others have done or had done to them. Thanks again...

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  • HadIt.com Elder

Interesting question..........lodgic would dictate that the amount the VA paid on the spouse would go to the spouse until a divorce was final and then she gets squat........From the VA funds of course.

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

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  • HadIt.com Elder

When I divorced, in 2000, I notified the VA when we no longer lived together and were seeking a divorce. They deducted the amount they would have paid, for my spouse, from my check (about $130 a month). I notified them to prevent me being over paid and having to reimburse them for the overpayment. She got nothing. Technically, I probably could have collected, for her, as we were still married, but I chose not to.

pr

Edited by Philip Rogers
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Im pretty sure VA benefits checks, including the amount(s) applicable for dependents are made out to the Veteran. If you are married, then you are entiltled to additional dependent compensation if you are at least 30% SC or are getting NSC pension.

Further, you are legally still married even if you have signed seperation papers and/or have filed for divorce until a judge "signs off" that you are divorced. I take this to mean that the VA has a "presumption" that you will provide for your spouse/dependents until/unless there is another contrary court order, such as a divorce order or custody order, where the judge often specifies who will "take the tax deduction" for dependents.

If you are seperated by an agreement between the parties, then the courts will usually not get involved..they have plenty of divorces where court intervention is needed to not get involved where there is an agreement of parties, especially if there are no children involved, or any kind of abuse. If the court finds evidence of abuse, then that will change things usually in the interests of the abused.

When I got my divorce, the court made this clear: They want us to work out our own resolutions to our differences. They also explained that if we can not resolve our differences together the court WILL intervene but that neither of us will likely be satisfied with the outcome, so we are far better off to resolve our differences outside the court system. The court always has limited resourcess and they dont want to use limited time to resolve differences that could be resolved by the parties.

In summary, best is to work out an acceptable arraingement agreeable to both parties. If this is impossible, for example, if one person is too greedy, then you can expect the court to also take "a piece of the pie" because if the court has to administer forced child support, for example, then it is highly likely the "greedy party" will have to not only pay child support, but also court fees, for administering it and collecting it.

Do what you think is right, but if the court intervenes, it probably wont be pretty, so I recommend a rather generous attitude will save you from a lot of grief, and a lot of expensive court battles.

The VA has something called an "apportionment". If a court order decrees that a spouse is entitled to a portion of the Veterans benefits, then they can send that amount of money to the spouse. It is largely a myth that an ex spouse cant get at the benefits...the protections in place are from creditors and do not prohibit the VA from forcing the Veteran to pay child support. Lincoln's promise was to the Veteran AND HIS WIDOW, so the Va takes care of children and "injured" spouses.

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The VA has something called an "apportionment". If a court order decrees that a spouse is entitled to a portion of the Veterans benefits, then they can send that amount of money to the spouse. It is largely a myth that an ex spouse cant get at the benefits...the protections in place are from creditors and do not prohibit the VA from forcing the Veteran to pay child support. Lincoln's promise was to the Veteran AND HIS WIDOW, so the Va takes care of children and "injured" spouses.

The EX is not getting it, the child is! We all need to keep that in mind!! I paid mine and was happy to even when the bitch would not let me see him due to the as$$%e she met and said the "I do" to. Yes the laws do say that VA come can be used to pay CS. Anyone not paying CS needs to go to jail.

Edited by Gulfvet45

James A. Bunker

Executive Director

National Gulf War Resource Center

Phone: 785-925-9887

Email: Do not post your email address.

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Until a veteran is divorced he is entitle to the "little" spousal pay that he receives.

From what I understand, the va doesn't even get involved in child support issues. The only time I have ever seen the va garnish va compensation is when the veteran owes the va for an overpayment, or defaulted home loan. The money the va pays a veteran for children, or spouse belongs to the veteran. It is up to the courts and the parties concerned to determine child support. My understanding is that VA disability is protected from any garnishment to include court ordered child support payments.

Remember va disability is not community property and the ex has no legal right to it regardless.

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  • HadIt.com Elder

Did not see anything where the OP was refering to child support, and we have beat the ex spouse BS to death.

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

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