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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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Ruffcreek

VA pension and divorce

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A friend is receiving $3,000+ for being rated 100% P & T.  He is married but maybe looking at divorce in the future.  Will his wife receive half of his $3,000+ in the event they are divorced?

 

Thanks

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I suggest that you tell your friend to find a good law dog (attorney/lawyers) that is familiar with VA disability law and child support/alimony support.  There are some county judges that will order disabled veterans to pay a certain amount of child support/alimony support based on the veterans disability.  Veterans disability is exempt from garnishment but the judge can still order/force the veteran to pay or go to jail.  Your friend will need a good law dog to avoid this issue.

ARE YOUR BENEFITS EXEMPT FROM CLAIMS OR CREDITORS? Compensation payments are exempt from claims of creditors. With certain exceptions, the payments are not assignable and are not subject to attachment, levy or seizure except as to claims of the United States.

http://www.vba.va.gov/pubs/forms/VBA-21-8764-ARE.pdf

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He's getting Comp, not pension.

It just might be cheaper, to keep her. The divorce decision needs legal consultation, most def, especially if kids under 18 are involved. At this stage, has to be some work around's. Tell him to turn off his hearing aids.

Semper Fi

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He's getting Comp, not pension.

It just might be cheaper, to keep her. The divorce decision needs legal consultation, most def, especially if kids under 18 are involved. At this stage, has to be some work around's. Tell him to turn off his hearing aids.

Semper Fi

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Its pretty hard to predict what a judge will do, but you can get some idea.

The ex wife can, and likely will, take a copy of the divorce decree to the VA, and VA will take an applicable amount of child support out of your check, as determined by the judges order.    VA disability wont exempt you from supporting your children, in fact it will make it easier for her to collect.  Its largely a myth that a judge will protect your disabiliy compensation over the needs of the children and leave them homeless.  Your compensation is protected from creditors, but that does not mean you wont have to pay child support.  You wouldnt want to.  You would want your kids to be taken care of too, right? 

Its even possible to go the other way:  If the ex wife makes 150k per year, and the hubby has sole custody  of the children, then the wife could have to pay child support to the husband.   

In short, yea, it is probably "cheaper to keep her".   If there is a way to work out the differences, its almost always better to repair the marriage rather than carry those issues into a "new" marriage, often dragging that one down, too.  

YOu probably wont be exchanging an "old nag" for a "young perfect wife".  Instead, you will likely be changing ONE set of faults for another set of faults, as everyone has faults.   Often the grass that looked greener on the other side, was not so green after all.   Or, if you plan on staying single, then raising children on your own has its own challenges, often times those challenges exceed those of working out differences in marriage.  VA law says it thusly:

3.452 Situations when benefits may be apportioned.

Veterans benefits may be apportioned:
(a) If the veteran is not residing with his or her spouse or his or her children and a claim for apportionment is filed for or on behalf of the spouse or children.
(b) Pending the appointment of a guardian or other fiduciary.
(c)
(1) Where an incompetent veteran without a fiduciary is receiving institutional care by the United States or a political subdivision, his or her benefit may be apportioned for a spouse or child, or, except as provided in paragraph (c)(2), for a dependent parent, unless such benefit is paid to a spouse (“as wife” or “as husband”) for the use of the veteran and his or her dependents.
(2) Where a married veteran is receiving section 306 or improved pension and the amount payable is reduced under § 3.551(c) because of hospitalization, an apportionment may be paid to the veteran's spouse as provided in § 3.454(b).
(Authority: 38 U.S.C. 501(a); 5307; 5503(a))
(d) Where additional compensation is payable on behalf of a parent and the veteran or his or her guardian neglects or refuses to contribute such an amount to the support of the parent the additional compensation will be paid to the parent upon receipt of a claim.

 

Edited by broncovet

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