From Wikipedia, the free encyclopedia
Divorce (or the dissolution of marriage) is the final termination of a marital union, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties. The legal process for divorce may also involve issues of spousal support, child custody, child support, distribution of property and division of debt.
In general terms, status as a veteran has little meaning in the family court. The VA is not interested in your marital woes. You must report divorce to VA so that your compensation or pension may be properly adjusted.
Your VA money may be used in calculations to determine financial status...such as how much alimony or child support will be owed.
Withholding information about VA disability pay may result in punitive actions by the family court.
In general terms, status as a veteran has little meaning in the family court. The VA is not interested in your marital woes. You must report divorce to VA so that your compensation or pension may be properly adjusted.
Your VA money may be used in calculations to determine financial status...such as how much alimony or child support will be owed.
Withholding information about VA disability pay may result in punitive actions by the family court.
I've been writing about disabled veterans who receive VA disability compensation benefits and who are divorcing for many years.
The question that is posed to me on an near daily basis is "Jim, do I have to pay child support or alimony with my VA disability money? I'm told that the law protects me from that."
The answer is almost always, "Yes, your VA disability money will be used by the family court to determine your obligation to pay child support or alimony. It is viewed as part of your total income and the law allows it to be used in every state. The court can not garnish the money from the VA. But once you have it in your checking account, the court can order you to pay the amount they have determined to be your obligation. If you don't, you may be held in contempt of court and you may go to jail.
Is this fair? I can't answer that. I don't usually try to address whether or not it's a fair system. I just report to you the reality of what's happening in our veterans world and this is the reality we face.
If you don't pay, the obligee (the custodial parent or the spouse owed alimony) may ask VA to apportion your VA disability payment. While this isn't called garnishment, it works the same way. If you are behind on payments, VA will determine what they believe you can afford and send it to the obligee. Once apportionment starts, you will face a steep hill in challenging it to get away from it.
Your only real option is in the family court. You have the right (this varies state to state) to ask the family court judge to lower your obligation. You do not have to have a lawyer in family court.
The question that is posed to me on an near daily basis is "Jim, do I have to pay child support or alimony with my VA disability money? I'm told that the law protects me from that."
The answer is almost always, "Yes, your VA disability money will be used by the family court to determine your obligation to pay child support or alimony. It is viewed as part of your total income and the law allows it to be used in every state. The court can not garnish the money from the VA. But once you have it in your checking account, the court can order you to pay the amount they have determined to be your obligation. If you don't, you may be held in contempt of court and you may go to jail.
Is this fair? I can't answer that. I don't usually try to address whether or not it's a fair system. I just report to you the reality of what's happening in our veterans world and this is the reality we face.
If you don't pay, the obligee (the custodial parent or the spouse owed alimony) may ask VA to apportion your VA disability payment. While this isn't called garnishment, it works the same way. If you are behind on payments, VA will determine what they believe you can afford and send it to the obligee. Once apportionment starts, you will face a steep hill in challenging it to get away from it.
Your only real option is in the family court. You have the right (this varies state to state) to ask the family court judge to lower your obligation. You do not have to have a lawyer in family court.
Divorce Basics
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TRICARE - Health Care for Service Members and Others
What Do I Need to Know about the Federal Electronic Benefits Rules?
A Servicemembers Guide to Student Loan Interest Rates
Interactive Form and Letter Generators
How to Get a Divorce – The Essential Guide to Divorce
