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Jim Strickland is a Vietnam era Army veteran and nationally recognized expert on VA
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Question: Sir, Can they consider my VA Disability compensation as income for child support?
Jim's Reply: Yes, absolutely. Your disability income is awarded to you so you can support yourself and your family. Divorce doesn't end that responsibility and your VA disability income will be counted toward the total of your yearly income as the divorce court makes decisions. There are many rumors on-line about how VA disability income is protected and such, none of it true. If you don't report your disability income to the court you may be sanctioned for that. If you fall behind on child support or alimony payments your VA disability payment may be apportioned (garnished) to pay arrearages.
The simple fact is that you owe your children all you can give, the child support is only the start. Pay it proudly. Good luck.
Question: Hi Jim, I’m currently going through a divorce and I’m at a loss as to where to look for denial of paternity paperwork I signed for eons ago in Texas. I don’t have a lawyer and am doing all the foot work myself. Would you have any idea where to get this paperwork? P.S. I’ve tried the hospital, vital statistics, and attorney generals child support office. They can see the paperwork, but they can’t give it to me.
Jim's Reply: This is a new one on me and I've done just a bit of research and it appears that the Texas Department of Vital Statistics isn't required to provide you with any data. See Sec. 160.412. at https://statutes.capitol.texas.gov/Docs/FA/htm/FA.160.htm#160.307
That's about all I have to offer. You really need to speak with an attorney before you get over your head with a DIY divorce.
I'm all for no fault and DIY until a complication is known and then you need to bring in an expert.
Divorce, Child Support, and VA Disability Payments
Hey Jim: Let's say a disabled veteran who already collects VA compensation gets a divorce. When it comes to USC, Title 38, §5301, the court NEVER took into account the difference in VA disability monthly payments from a disabled veteran that is a single (less amount) from a disabled veteran with children (higher amount). That difference is the only thing that should be treated as income and not the full amount, because the higher amount difference was meant to take care of the disabled veteran's dependent children. NOTE: Obviously, the amount is lessened when the VA compensation is lessened (income level) when the disabled veteran is no longer married, therefore it should apply to depend children as well.
My Reply: The 5301 theory you present has been floating around on the Internet for at least 15 years...that's how long I've been aware of the rumor. The thought process that 5301 protects you from paying some money to support your progeny is thoroughly debunked time and again.
Veterans disability compensation is counted as income in divorce and every other means test I can think of. In this American Bar Association Fact Sheet, "Are VA benefits subject to levy, seizure or attachment?" you'll learn that your benefits are part of your income in divorce court. If you don't believe that, note that if you don't pay your court ordered support that the VA can and will take the money from you and give it to the obligee.
If you have been ordered to pay child support and you disagree with that order, you are usually allowed to return to the appropriate court and seek a modification of the order. That very much depends on the state the court is located in and you should explore that with an attorney who is experienced in your state.
Unless and until you do this successfully, the best thing for you to do is appropriately parent your children and pay your share for their support. Arguing arcane legal theories on the Internet or worse...to a magistrate in a courtroom...isn't going to reduce your obligation and it takes away from time you could be parenting. Good luck.
I get a lot of communication from divorcing veterans, their spouses, friends, neighbors...everyone has a strong opinion about military divorce, civilian divorce and veterans divorce. In a nutshell, there is only a civilian divorce. The military didn't marry you, the state you were in did. A state will divorce you, the VA wants nothing to do with it. Your status as a veteran carries zero weight in divorce court. Nobody cares what a hero you were and what a tramp she is as your spouse...most divorces are no-fault so the process is pretty simple. When you enter into a divorce court you have your dignity and credibility with you and nothing else. Nobody cares about who did what to whom, they just want to follow the formula that state uses and get you out of there.
There are no free veterans divorce lawyers. There are no free divorce lawyers.
Most divorce courts are set up for pro bono litigants so you can represent yourself. Often enough you can appear by phone if circumstances merit. Divorce sucks. Divorce is painful for everyone. Do your best to not make a fool of yourself and as time passes, so with all this.
The Government Accountability Office is looking for service members who were victims of hazing while they served.
The office is collecting the information for a study on the Defense Department’s efforts to prevent and respond to hazing.
Lodging & Camping in southern Illinois with access to the Shawnee National
We offer lodging, camping,
stabling, corral, pasture,
access to a hunting lease and
discounts for America's
A common chemical - trichloroethylene (TCE) - may be to blame
Any Veteran with a debt related to VA benefits can now access their debt information online
Do you need some help with your claim?
I'm accepting limited appointments to talk live on the phone or to videoconference with you. There is no fee for this service.
If you'd like to talk, provide me with some information about who you are and what's up and I'll be in touch. /s/ Jim
Where did your claim disappear to?
Veterans hit by huge pandemic-related records backlog
National Archives estimates it will take 18 to 24 months to clear the backlog once the records center is fully staffed
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855 - 948 - 2311
< Denis.McDonough@va.gov >
Yes, this really works. No, it doesn't ring in the White House. The email address and phone number are staffed by a seemingly serious group of players, many who are veterans, and if you have a legit issue, telling these folks is like bringing in the artillery.
Let's prepare for your call or email. Make some notes before you proceed so you don't forget anything.
I prefer email since there's no waiting for someone to answer and I can take my time to prepare the story in just the right detail.
Be sure to include your DOB, your last 4, contact info...a couple of numbers, your preferred email and such.
Describe the problem as briefly as you can. Less is more. Include the necessary components but don't tell your life story.
Don't rant. Be polite...military courtesy will get you places that hollering IN ALL CAPS won't. Respect!
Don't waste their time with bogus complaints about your feelings being hurt. If you appropriately utilize this
service, I'll vouch that this works like a champ.
Tell them you read about this at The VAWatchdog Dot Org...they know who we are.
The Biden administration’s proposed $113.1 billion spending bill for the Department of Veterans Affairs addresses delivery of health-care services, homelessness, suicide prevention, support for caregivers, and technological improvements.
You may file claims on eBenefits or you can mail them in using certified mail or you can even fax them in.
Title 38 - Pensions, Bonuses, and Veterans' Relief
Original Date: 2019-07-01
Title: PART 17 - MEDICAL
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The CDC updated its guidance on COVID-19 transmission May 7,
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1. Marijuana users will fail future NICS firearm background checks.