I am an honorably discharged Veteran; I was active duty Army from 1997-2001. I was in the National Guard from 2003 until 2013. I am hoping that you are able to provide some clarification concerning VA disability compensation pay and alimony/maintenance.
I was in the Army National Guard and was deployed under OEF from May 2010-July 2011 and OIF from April 2005-June 2006, and that is my only active duty period of service through the National Guard. My ETS date for the Army National Guard was in November of 2013. I was married in July of 2014 and had twin children with my spouse in June of 2016. We became separated in March 2019. I filed a claim for disability compensation in September 2017 with an intent to file date of July 2017. It was rated and mostly promulgated in June 2018 with two issues still deferred. I am currently rated at 100% and I claimed my spouse, the two children from my current marriage and a child from a previous relationship.
I was under the impression that the VA disability compensation pay would be figured in for purposes of child support, which I have no issue with nor would I ever contest. Conversely I was told that that same money would not be calculated for purposes of maintenance/alimony as it could not be construed as a marital asset as she was never married to me while I was in the military; due to the our marriage never overlapping with my military service (there is an 8 month gap), I was told that she would not be eligible for VA disability pay for alimony. I know that VA disability pay is not considered a marital asset, and thus cannot be split, however, it can be used for child support and alimony.
I have read many conflicting articles across the internet concerning the matter. Few, if any, deal with the circumstances in which I find myself in as most deal with Veterans and disability pay/military retirement pay and/or spouses that were married to the Veteran while they were in the military.
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dajoker12
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GeekySquid
don't know who ever told you that exact phrase but as it sits it is mostly incorrect. Each state has different laws on child support and alimony. In some states, while your VA compensation i
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