Divorce

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 broad 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.

A question that is posed  on an near daily basis is "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.

Disabled Veterans and Their Divorces...and Alimony and Child Support  

Have you been told that because you're a veteran you won't have to pay child support or alimony?

Are you getting the advice that you're special and you'll be treated differently by the Family Court? Did you read somewhere that the federal
5301 statute protects you from paying any money from your disability benefit to your ex?

All of that is wrong. You aren't all that special.

You'll pay your bills just like everyone else. The worst mistake you'll make as your divorce goes forward to its inevitable conclusion is to listen to the fringes of the Internet who will tell you to defy the judge.

I hear from dozens of vets every day. Many write to me and ask how they can avoid foreclosure, automobile repossessions, credit card delinquencies and all those other inconveniences of life. The common cry is, "I'm a disabled veteran...how can they do this to me?"

The most common plea is that of the veteran who is being divorced by his spouse. (I'll refer to the veteran as the male gender. I'm sure there are female vets who want to avoid an obligation too, I just don't hear from them.) Our veteran usually opens an email to me by telling me that he's been advised that the family court
is in violation of the law when they order him to use his VA disability compensation to pay alimony or child support. He wants my help and support. He always
tells me that the 5301 law protects him.

Veterans believe we're special. I agree. We've accomplished things that those who haven't served never will dream of. Some of what we've done has been painful.

That doesn't separate us from the rest of society. We have to pay bills. We need jobs. We obey traffic laws, we behave when we go out in public and we try to get as mainstreamed as we can as veterans.

Unless we're divorcing. Then we seem to have the idea that we owe our families nothing. There are any number of people who promote the idea of becoming a deadbeat dad...just because you're a veteran...and the law will protect you.

The fact is that the law doesn't protect us. Nor should it. When we enter into any agreement, we must honor it. Marriage and divorce are complex social actions and have consequences. Let's begin by clicking here. You'll read the March 2nd case of Nelms v Nelms.

"Relying on the holding in Rose, the majority of state courts that have considered the issue have determined that a state court can consider, and use, VA
disability benefits as a source of income when awarding alimony."
 

Fathers and Families  

Divorce Basics

Divorce; MedLine Plus


Top 10 Military Divorce Mistakes   

A military divorce is different from a civilian one. There are many issues in a military divorce that do not exist, except in the service. Consult an experienced attorney who understands how to help you avoid the common mistakes made in a military divorce.



Divorce     Alimony      Child Support     Apportionment



"can disability be considered a part of income for child support for va"   "Is child support required in Iowa when I get VA compensation"

These divorce questions roll in at a steady pace. This and TDIU are the most frequent topics I hear about. Read more about child support here.

"tips on filing disability claim with veterans affairs"

I like this one. The veteran is contemplating filing a claim and is getting prepared to win by seeking advice. The VAWatchdog dot Org site is all about you winning your claim and receiving exactly the benefits you earned. The way to do that is to be prepared. You can read Pro Tips here.

"title 38 alimony veterans administration"

This veteran is undoubtedly searching for information about whether or not he/she must pay alimony out of the disability payments. I get these questions about divorce and child support every day of the week. The brief answer is Yes, your disability compensation will be used to determine what you owe for alimony and child support. Learn more by clicking here.

"is va disability able to be touched in civil court"

The easy answer is no. Veterans disability benefits can not be garnished in the usual sense. It's very different in the family court however. While your VA benefits aren't likely to be sacrificed in a civil action, the family court can order you to pay a set amount and you'll abide by the order or risk going to jail. You can learn more about garnishment here.

Are You Divorcing? Divorced?

Are you military, veteran or a dependent? Do you understand QDRO's? It's time to further your family law education.

QDRO stands for "Qualified Domestic Relations Order." Under the federal ERISA/REA statutory scheme, any judgment, decree, or order dealing with alimony or support for a spouse, former spouse, child, or other dependent made according to local domestic relations law is considered a "domestic relations order" under federal law.  

For more intel, click   Military Retirement Division   Courtesy of Marshal Willick, Esq.  

Are You A Deadbeat Dad?

Have You Been Told That Your Disabled Veteran Status Gives You Special Privileges?

You're getting the wrong advice!  The family courts are coming after you.  The fable of 5301 may land you in jail.

Rule could leave poor, delinquent dads with no income  "There's not a lot of sympathy for deadbeat dads, and justly so"

"Unfortunately, some members of the military community have such an exaggerated sense of self-importance that they have concluded that their status as military members, or veterans, give them superior rights to those of other citizens, extending to exemptions from the support and property laws governing everyone else in the United States, regardless of the harm such would cause to others, including their own children."   Family Law Attorney MW

Apportionment...Just like garnishment, only different.


Are you the spouse who isn't being paid the money the Family Court ordered?

You may seek apportionment.

It's not difficult to start the process. Print and complete this form, mail it to the VA Regional Office where the veterans record is kept (use certified mail) and VA will be in touch with the veteran and you. (Don't fill this out on-line. Print and mail it!)

VA Form 21-0788 INFORMATION REGARDING APPORTIONMENT OF BENEFICIARY'S AWARD

All or part of a veteran's disability award may be apportioned (paid) to the veteran's spouse, child, or dependent parent.

VA will require that you complete a financial statement form similar to this one.

You will also have to provide copies of the order of the Family Court and a statement from your state's child support enforcement bureau to show arrearages.

Apportionment

Apportionment is very similar to wage garnishment. The VA will hear requests for apportionment from spouses or other dependents to whom the veteran may be required to pay child support or alimony.

The veteran will be allowed an opportunity to appeal an application for apportionment. The timeliness and other requirements are strict and the veteran must pay close attention to the details outlined in the apportionment proceeding notice.

The veteran who receives notification that an apportionment request has been made must act quickly. The veteran may ask for a personal hearing to dispute the apportionment as well as ask that no deductions be made to the veteran's compensation payment until appeals are exhausted.

The most common reason for apportionment is child support arrears. The veteran must recognize that in many states, any money collected through apportionment and delivered to the obligee (custodial parent) may not actually satisfy the state as a child support payment.

Many states require that payments must be recorded directly through the state's child support enforcement authority or it will be classed as a "gift" and it will not be applied toward arrears.

§ 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))

Click http://www.benefits.va.gov/WARMS/M21_1mr1.asp

Part 3 - General Claims Process
SubptV - General Authorization Issues and Claimant Notifications
Chapter 3 - Apportionments

Click here and review the case of Zickefoose v. Zickefoose.

"The principal issue raised by the parties is one of first impression in this State. It is whether disability benefits from the Department of Veterans Affairs can be considered in determining the amount of spousal support to be paid by a former spouse upon dissolution of the marriage. Although that issue has been resolved in other jurisdictions with mixed results, an examination of those authorities demonstrates that the predominant view would include the disability benefits among the resources or recurring earnings of the payor spouse. This Court adopts that inclusionary view."

OCSE Home; Policy; Information Memoranda for 1998

Information Memorandum IM-98-03

DATE: September 25, 1998

TO: STATE AGENCIES ADMINISTERING CHILD SUPPORT ENFORCEMENT PLANS UNDER TITLE IV-D OF THE SOCIAL SECURITY ACT AND OTHER INTERESTED INDIVIDUALS.

SUBJECT: Obtaining financial support for children from benefits paid by the Department of Veterans Affairs.

ATTACHMENT: VA Form 21-4138

BACKGROUND: Section 459 of the Social Security Act, as amended, provides for the garnishment of certain Federal payments for the enforcement of child support and alimony obligations. However, benefits paid by the Department of Veterans Affairs (VA) are specifically excluded with one exception [42 U.S.C. 659(h)(1)(B)(iii)]. The test to determine if a payment is subject to garnishment is whether the payment is remuneration for employment as defined in section 459 [42 U.S.C. 659(a) and (h)]. While Federal salaries fit this test, and Title II Social Security Old-Age, Survivors, and Disability Insurance benefits (OASDI) can be garnished (entitlement to these benefits is based on employee contributions into FICA), VA monetary benefits, entitlement to which is generally based on either the veteran’s disability and wartime service (pension) or disability from service-connected injury or disease (compensation), is generally not considered remuneration for employment.

However, the Social Security Act and the statutes governing benefit payment by the Department of Veterans Affairs do provide for processes by which dependents may obtain financial support from veterans’ benefits under certain circumstances. Below are two examples highlighting the laws or regulations under which benefits paid by the Department of Veterans Affairs can be paid to dependents to fulfill child support obligations.

Example #1: The Social Security Act [42 U.S.C. 659(h)(1)(A)(ii)(V)] provides that if a veteran is eligible to receive military retired/retainer pay and has waived a portion of his/her retired/retainer pay in order to receive disability compensation from VA, that portion of the VA benefit received in lieu of retired/retainer pay is subject to garnishment.

Example #2: The Department of Veterans Affairs has issued regulations pursuant to 38 U.S.C. 5307 that provide for an apportionment of VA benefits between the veteran and his/her dependents under certain circumstances. VA regulations at 38 CFR Section 3.450(a)(1)(ii) provide that, if the veteran is not residing with his or her spouse, or if the veteran’s children are not residing with the veteran and the veteran is not reasonably discharging his or her responsibility for the spouse’s or children’s support, all or any part of the veteran's pension, compensation, or emergency officers' retirement pay may be apportioned.

Additionally, where a hardship is shown to exist, 38 CFR Section 3.451 authorizes a special apportionment of a beneficiary's pension, compensation, emergency officers' retirement pay, or dependency and indemnity compensation between the veteran and his or her dependents. The apportionment is based on the facts in the individual case, and may not cause undue hardship to the other persons in interest. Factors which determine the basis for special apportionment include the amount of veteran benefits payable, other resources and income of the veteran and those dependents in whose behalf apportionment is claimed, and special needs of the veteran, the dependents, and those applying for apportionment. Ordinarily, the VA considers that an apportionment of more than 50 percent of the veteran's benefits would constitute undue hardship on the veteran, while an apportionment of less than 20 percent would not provide a reasonable amount for any apportionee.

GARNISHMENT: To arrange for garnishment, contact the VA Regional Office that provides the non custodial parent’s benefits. VA provides a toll free number to help in determining which regional office is appropriate (1-800-827-1000), or refer to 5 CFR Part 581 - (Appendix A). The VA office will determine if the veteran has waived any portion of his/her retired/retainer pay in order to receive VA benefits. Send service of process for garnishment to the regional office serving the veteran.

SPECIAL APPORTIONMENTS:

1. The IV-D agency (state child support enforcement office) should write the Department of Veterans Affairs using agency letterhead to request an apportionment review. The letter should be signed by both the appropriate IV-D official and the custodial parent. The letter should be addressed to the VA Regional Office servicing that veteran’s benefits. Use the toll free number to determine which regional VA office is appropriate (1-800-827-1000).

2. Complete and attach VA Form 21-4138 (copy attached) "Statement in Support of Claim." The normal VA procedure is to request this after receiving an apportionment application, so time can be saved by doing this as part of the first step. This is where information regarding income and net worth may be provided.

3. Attach a copy of the current support order, to assist VA in the development of the apportionment award.

4. Attach a copy of the arrearage determination sheet, payment ledger, payment records, etc.

Obligee, Obligor & Apportionment ... A Cautionary Tale For All Veterans

Not unlike the Department of Veterans Affairs, the Family Courts of each state are overwhelmed by the number of cases they face. In years past couples would separate and divorce and any obligations imposed upon them by the court in a divorce decree was largely unenforceable. Often enough one or the other would move across a state line and law enforcement agencies didn't have much authority to pursue any of the issues that were there. The problems of a divorced couple were a civil issue, not a criminal problem and the police just weren't interested.

Family Courts evolved from this lack of authority and simultaneously each state began to develop its own Child Support Enforcement divisions within the authority of the state government. The gaps were filled in over the years until each state had a set of laws that were all pretty similar to the other. Federal law stepped in to ensure that interstate enforcement was emphasized and enforced. No longer could a non-paying parent simply walk across a state line to avoid prosecution.

Today the general rule is that no matter where the obligor (the parent ordered to pay) goes, he or she is followed by the rules of the state that issued the divorce decree and/or where the benefiting children are residing. The obligee (the parent who receives and administers the child support payment) need only to inform the state that has jurisdiction that the obligor has failed to meet on obligation and that office has an effective network to enforce the law beyond any other state borders.

History shows that parents ordered to pay support were easily able to avoid such and the culture of "deadbeat dads" became a much maligned subset of men in our society. To this day such parents are held up to public scorn and some communities have weekly roundups of published names and photos in local newspapers that ridicule offenders for being such scofflaws.

The pendulum has swung far in the other direction over the last 40 years or so. Today, if a magistrate of a family court orders child support it may be an amount "impuned" by that Court and the obligation is what is owed based on what the court believes the obligor should earn, not what their earnings actually are. Loss of income by losing a job is rarely seen as a good reason to lower an obligation and even illness often won't sway a judge to modify the excessively high number owed each month.

Family courts have developed a reputation today of being similar to a debtor's prison of old. If you fall behind, you go to jail. While in jail the obligation continues to build. It's apparent that the inmate can't work to earn money to pay the obligation and if the unfortunate obligor is incarcerated at the end of the year, a COLA obligation may kick in and when he or she is free, their monthly obligation is higher than before.

Veterans aren't exempt from any of this and Family Courts have no reasons to show any sympathy to any veteran, disabled or not. The mission of the Court is to protect the interests of the child, nothing more. The Court follows a formula to determine the monthly obligation and that pretty much ends the discussion. If the obligor shows income of (x) and the obligee shows an income of (y) the amount will be determined to be (z) and no more is needed to be heard. Next case!

Each state today requires that most child support be paid to the state agency that enforces such things. This process allows the state to ensure timeliness and accounting of all payments. The good old days of divorcing parents managing to help each other along are mostly a memory and rigid enforcement is all that's left.

Every obligor must understand that to miss the payment to the state office so that the state may distribute the money is a black mark against the obligor. Without the approval of the Court, payments made directly to the obligee that bypass the state are determined to be "gifts" and they do not fulfill the requirement of the divorce decree.

This may be a deadly trap for the disabled veteran. Little known to veterans is a process known as "apportionment".

While a disability compensation payment can't be garnisheed by debtors, all an obligee must do is notify the Regional Office of jurisdiction that a veteran is not meeting alimony or child support payments and the veteran will be notified that the adverse action of apportionment is about to begin. The veteran has some of the usual rights to appeal and to a hearing and so on but absolutely no right to any assistance by the VA. VA will not defend the veteran and if the obligee can reasonably show a current decree and order of support as well as arrearage, the apportionment will proceed.

There is a lesson to be learned here. No matter what you're told by others and no matter what you may wish to believe, your status as a veteran or as a disabled veteran holds no special immunity or promise of preferential treatment in most legal and financial arenas. As you enter into any financial agreements, whether in a divorce court or elsewhere, it's up to you to know what you're signing up for.

In this case the Department of Veterans Affairs had no reason to be involved in this veterans issues other than to follow its scant rules about apportionment and none of that is designed to help the vet. No matter where you walk, there will be traps.

Pay particular attention to where you tread in the Family Court.

Child Support  

Veterans must pay child support as it is ordered by the family court. Failure to do so may land the veteran in jail.

Disabled veterans must pay child support. The amount of the VA disability compensation check can and usually will be used in the financial statement to calculate the amount owed.

Veterans disability payments may not be garnished. They may be apportioned by the VA and that amount apportioned may be given directly to the obligee.

Veterans disability money is not protected. Don't pay attention to the Internet rumors. Pay attention to the family court.

Read;

Rose v. Rose

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.

Read on for an article I wrote some time ago and much more about how you will fare in the divorce.

The 5301 Myth Continued...

My question is 'Can a State Family Court use my VA compensation as income to calculate a new monthly Child Support payment?' I have read USC Title 38 concerning VA compensation and it appears to me that my VA compensation can not be attached for Child Support. Do you have any information on VA compensation being used as income to calculate Child Support payment amounts? I really need help with this matter ASAP.

When he refers to "USC Title 38 concerning VA compensation" I know he's speaking of Title 38, Part IV, Chapter 53 § 5301, Nonassignability and exempt status of benefits. I've heard a lot about this "5301 rule" over the last two or three years.

We'll refer to it as "5301" for the sake of brevity.

In plain English language, 5301 seems to tell us that there are almost no circumstances that anyone can collect (garnish) a veterans disability payment for any debt he might owe. It does say that any federal debt may be exempted (IRS, school loans, etc.) but that all other creditors are forbidden to demand any amount of the disability compensation money. This applies whether before or after it is received by the veteran. In other words, it can't be garnished like a paycheck. Once it's in the veterans hands it can't be touched so long as it's identified as money from a Department of Veterans Affairs (DVA) disability compensation payment.

Before we travel farther down the path of 5301, we should talk briefly about how federal laws are made. In a nutshell, a bill is introduced by a Congressional Representative that proposes a law. It passes before committees in the House and in the Senate and eventually finds its way to the desk of the President. Published in the Federal Register it then becomes law.

As it becomes law, the courts then apply it to everyday circumstances of the citizens they serve. The judge presiding in the courtroom must carefully read the law and then interpret what he believes to be the intent of Congress when the law was formulated. If you've followed legal matters you've read of the expressions of "the letter of the law" as opposed to "the intent of the law".

To try to interpret law only by using the precise language or letter of the law is a mistake that far too many lay readers will make. Lawyers and judges understand that while the literal interpretation is important, the intent of the body of lawmakers is even more important.

In the examination of 5301 we must try to determine what the Congress intended at the moments the law was proposed and passed. Once a law is passed, the members of Congress will change, society at large will change and even the office of the president may see a new shift to the left or right. The law that was passed is still there, unchanged for years to come.

Language is a poor way to communicate. Words don't have the precision of numbers. If you add 2 + 2 it's going to equal 4 this year and on into the next century. Knowing that words have subtleties that can't be seen as clearly as a mathematical equation, enforcers of our laws must look deep between the lines to determine the intent of a particular statute.

Continued...

I asked a friend, a lawyer who I trust to know these things, for his opinion. His reply was brief and to the point; "As I expected, there are a number of cases already on this point. In sum, the courts are consistent in finding that the statute protects veterans from 'creditors' and related 'process' and 'spouses' using 'marital property laws' are not 'creditors.' Whether you agree with it or not, that is how 5301 is interpreted."

In an article written by Attorney Zenell Brown the author points out that the Supreme Court addressed the issue in Rose v. Rose 107 S.Ct. 2029 (1987) http://supreme.justia.com/us/481/619/ Attorney Brown notes that, "The Court held that state courts can establish child support orders even if the non-custodial parent received veteran's disability benefits as his sole means of support." She goes on to tell us, "State court jurisdiction is not preempted by any federal statute."

Importantly, and I believe this is at the heart of the discussion about the obligations of a parent, Brown says, "It was the Court's position that Congress intended that these benefits provide for the veteran as well as his dependents."

It's not much of a reach to understand that when Congress enacted this 5301 law, the intent was to protect the veteran and his family from unscrupulous creditors if and when the veteran were to fall on hard times. In the eyes of Congress and the courts, the family unit remains just that even after divorce when children are involved. The veteran's obligations to the family aren't relieved because of divorce or disability.

The article goes on to say that in some few states there is considerable controversy about interpretation of the 5301 law and that overall it's, "ripe for litigation".

In the case of a child support order, arguing the 5301 rule seems to be moot. While the DVA will not support garnishment or attachment of a disability compensation payment (arguing that DVA doesn't want to become a collection agency for the children's and family services divisions of every state) DVA will easily allow " apportionment" of that same money. For a custodial parent to apportion a sum of the disability compensation payment is a simple matter of writing a letter to the Regional Office that controls the veterans file and providing a copy of an order for child support and some financial information.

The veteran is then notified of the apportionment request and given the usual opportunities for appeal. In my experience, VA quickly defaults to the needs of the child and the custodial parent and begins to assign the requested amount within a short time.

Once apportionment is established, that amount of money is forwarded directly to the custodial parent. This path of providing for the family of the veteran has a unique pitfall of its own that most veterans won't discover until it's far too late.

When a child support obligation is ordered in a state family court, the usual standard is that the money is delivered to the state agency of child support enforcement. Whether the money is to be withheld from paychecks or mailed in by the obligor, the money must be accounted for by the state agency responsible. Non-custodial parents are sometimes shocked to discover that cash given directly to children for special events, birthdays and the like, aren't counted toward the child support obligation. If the state doesn't track it officially, it didn't happen.

In the case of the custodial parent who writes to the DVA asking for an apportionment, if that parent prevails, the DVA sends a check directly to the parent obligee. That money thus bypasses the state agency and isn't accounted for. Then later, the state may notify the obligor parent to say that s/he hasn't met the requirements and enforcement actions will occur soon.

Once it's discovered that the apportionment money wasn't counted, I know of no cases where that money has been forgiven and credited to the obligated parent.

Recent efforts by some veterans groups to require states to reinterpret the 5301 law fall mostly on deaf ears.

In March of 2009, Iowa House File 170 was excluded from further consideration by the legislature. The bill would have excluded (per 5301) veterans disability compensation payments in calculations of the amount of the court ordered child support or alimony obligation.

By not giving House File 170 further consideration, the Iowa legislature reinforced the way the family courts are currently enforcing alimony and child support obligations. The veterans activists movement to revise law to help them avoid a child support or alimony obligations has backfired and led to a stronger support of the current decisions.

(Also DOA was Iowa House File 66, "Veterans organizations wouldn't have to pay anything for a class A liquor license, regardless of how much liquor they sell." Connected? Hmmm?)

Most of us who divorce when there are children in the mix want to do what we can to care for those kids. The great majority of non-custodial parents work hard to remain in the lives of their kids and to provide the financial support that the children often desperately need.

It isn't always that way though. The laws of the states have become harsh and unforgiving for the obligate parents because of the history of those who will stop at nothing to dodge their responsibilities. Over the last few years the pendulum has swung far over to the side of stiff requirements and rigid enforcement of family court orders. Magistrates and judges have almost no leeway in establishing the amounts of an obligation as they're only allowed to use the data from a financial report to establish the numbers of the dollars owed each month.

Even divorcing spouses who want to make their own agreements are often not allowed to do so. The courts know that in months or years, these sorts of arrangements have little chance of lasting. Today's family courts are overcrowded with couples who want to publicly argue the smallest details down to the nth degree. As the courts are becoming more crowded with shouting ex-spouses, they're more disinclined to hear it and so they simply set the orders and then pass it on to the appropriate enforcement bodies. Some states today will only hear pleas for modification of family court orders every two years.

The bottom line is that for the foreseeable future, a veteran who has a child support or alimony order should not depend on the remote possibility that the 5301 law will offer any relief. Any veteran entering into a divorce should be represented by an experienced lawyer who will guide the veteran to a reasonable conclusion and an order than will likely be based on the payment of a DVA disability compensation amount as income.

The best divorce agreement and subsequent alimony and/or child support order is one that has been carefully considered long before coming to face the judge.

Divorce and the financial burden that will come along with having children will be painful.

Just how painful it will be and how long the hurt lasts is largely up to you.