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Divorce And Va/ssd?


luv2fly

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Hi....a guy in my ptsd group just separated from his wife and swears that his wife cannot be awarded part of his VA 100% p/t $$ or ssd $$.Is he correct?Does anyone know of or have any experience(s) with this as far as divorce awards go?Thanks!

David

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  • HadIt.com Elder

I think it really depends on his State and Judge but the simple answer is the wife can't get his VA Disability Check. Not sure about SS though.

A Judge can look at what is paid and than order a payment which is another way around it.

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I applied for my Social Security Disability as well and it's true my ex-husband can draw off of my SSD if he becomes disabled and if my amount is more than his. It doesn't matter that I'm remarried.

But as far as I know ex's or bill collectors can't touch his diabled VA money. Maybe the IRS but that's about it.

Michelle

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It is my understanding that an ex-spouse cannot touch the VA compensation money. ALso cannot touch SSD money. Except the exspouse is entitled to the SSD if they become disabled but only the amount they would normally be entitled to not the veterans individual SSD amount.

Also the IRS can get to the VA or SSD money, however, according to my CPA the amount is limited to 25% per pay period.

Jangrin :D

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VA compensation is protected by law and is only assignable to the United States Government.

I believe SSA is also protected.

§ 13.111 Claims of creditors.

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Under 38 U.S.C. 5301(a), payments made to or on account of a beneficiary under any of the laws relating to veterans are exempt, either before or after receipt by the beneficiary, from the claims of creditors and State and local taxation. The fiduciary should invoke this defense where applicable. If the fiduciary does not do so, the Veterans Service Center Manager should refer the matter to the Regional Counsel for appropriate action

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It really doesn't matter that va and SSD is protected. Many courts look at the income not the source of income and still award spousal support. There have been some law suits because of this, but I have not heard the latest.

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  • HadIt.com Elder

It depends on what state you live in I have read where Michigan and Georgia Judges don't care where the money comes from they just tell you to pay the ex this much and if you don't you will sit in jail and after so many days there both SSD and the VA will reduce you to the minimum for an imprisoned person it's something like 10% you have the right to appeal but I know more than a few vets have gone to jail over this issue

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