Who's Running This Show?

Aljazeera
British Broadcasting Corporation
Business Insider

BENEFITS

Disability, Survivors, SSDI,

Dependents, Pension

Breitbart

Central Intelligence Agency
Electronic Reading Room

Benefits.gov

CHAMPVA

Chicago Tribune

Christian Science Monitor

Choice Program

Billing Issues
1-877-881-7618      9 a.m. – 5 p.m. ET

The Code of Federal Regulations Title 38

CNN

Courthouse News
Ann Coulter
CNN Sources

"Contact Your Representative!!!"
Who are my representatives?

C & P Exams

Everything You Need To Survive

Contact Your Representative
Discharges & Military Records

Daily Caller

Daily Beast

DENIED!!!   How To Appeal

DIC  CHAMPVA

Education For Dependents

(DTRA)
Defense Threat Reduction Agency

Drudge

DIVORCE

Child Support  Alimony

Benefits Garnishment

My HealtheVet Website
ebenefits

The Federal Register

Financial Times

FOX News

Free Beacon

GUNS Weapons   Concealed Carry

NICS     Veterans 2nd Amendment Rights

Gallup

Gulf News

The Guardian

Home Based Primary Care (HBPC)

The Hill

HufPo

IMO  IME  DBQs   Nexus Letters

India Times

Infowars

Independent Expert  Medical Opinions

The Jerusalem Post

Limbaugh

Medical Records Review

Marijuana   &  VA  DRUG TESTING & VA

Moscow Times

M21-1 Adjudication Procedures Manual
National Personnel Records Center

New York Times
Mother Jones

National Enquirer

Patient Record Flags

New Outreach for Vets Regarding
Discharges & Military Records.

Obstructive Sleep Apnea

Pravda

Politico

Project-Syndicate
Records of the Veterans Administration [VA]

Radio Garden

Real Clear Politics

Reuters

Sky

Smoking Gun

Socialist Worker

TIME

The Sun

Talking Points Memo

Truthdig

USA Today

U.S. Medicine
Veterans Benefits Administration
Fact Sheets

The VA App Store

VA urges veterans to be
screened for hepatitis C

VA’s Airborne Hazards and Open Burn
Pit Registry for Veterans and Servicemembers

VA Payment for Emergency Care

The Veterans Law Library

Ventusky Weather Wind Map

Veterans Benefits Administration
Benefit Brochures

Veterans injured by service wait
years for compensation hearings

Vietnam War Resources

vets.gov
va.gov

VillageVoice

Washington Post
Washington Times

Welcome to Military Disney Tips!

Weekly World News

World Net Daily
World Public Opinion

Xinhua

Mental health resources for veterans, families

Many state and local organizations help

veterans and their families.

Here are some resources for mental

health and suicide prevention.

FOLLOW

The VAWatchdog

Want prompt private notice when

we update the VAWatchdog?

We recommend using



Pinups For Veterans

VA Form 21-526EZ

Disability Service Connection
Secondary Service Connection

IncreasedDisability Compensation

Temporary Total Disability Rating
 Individual Unemployability
Compensation under

38 U.S.C. 1151
 Special Monthly Compensation
Specially Adapted Housing

Special Home Adaptation

Automobile Allowance

/Adaptive Equipment
Benefits Based on a Veteran's
Seriously Disabled Child

VA Form 21-0958 - NOD
​Notice of Disagreement
VA Form 21-534 EZ
Application for DIC,

Death Pension
Change of Address​

Add Your Dependents

Declaration of Status of Dependents

TDIU Annual

VA Form 4140

Veterans Legal Services
Amazon Movies

Benefits from Other Federal Agencies

A general list of other Federal agencies that

offer benefit programs and resources for

Service members, Veterans, and their families.

Veterans Legal Help Navigator
Welcome to the Veterans Legal Help Navigator. This online tool helps veterans' caseworkers and advocates across the country find the right fit legal help for veterans.

Veteran Proud




Since 2005 This Is The Site VA Reads

When They Want To Learn What They've Been Doing​

Veterans Clinical Psychologist

Divorce, Child Support, and VA Disability Payments

Julie Glover    Adam Luck   Veterans Law Attorneys

Veterans in the midst of a divorce often question how their VA disability compensation will be

treated in the process. They are often surprised to find out that their VA disability benefits will likely

be considered determining how much child support he or she should pay. Although some individual states may have exempted VA disability benefits from consideration in child support, the Supreme

Court in Rose v. Rose (1987) found that disability payments could be considered when determining child support obligations. The Court noted that “children may rightfully expect to derive support

from a portion of their veteran parent’s disability benefits.” This means that federal law does not

prevent a state court from ordering a veteran to pay child support in an amount that necessarily

would require the veteran to use VA disability benefits to satisfy the obligation.

Contact us for more information about your case...the consultation is free!


From the Desk of Drew Early
Veterans Law Attorney

Retired and divorcing? Believe in 5301 protection?

Hey Jim, This is the latest case (and it’s a Supreme Court case) about VA benefits and
how they are considered when a military retiree is in a divorce situation.  This will serve to further
clarify (or cloud, depending on perspective) an already contentious area for some veterans.
Howell v. Howell, Docket #15-1031 . The Court unanimously held that a “state court may not order
a veteran to indemnify a divorced spouse’s portion of the veteran’s retirement pay caused by
the veteran’s waiver of retirement pay to receive service-related disability benefits.”
Although the 
Uniformed Services Former Spouses’ Protection Act  allows a state to treat a
military veteran’s retirement pay as community property, it “exempts from this grant of permission
any amount that the Government deducts ‘as a result of a waiver’ that the veteran must
make ‘in order to receive ‘disability benefits.’” The Court therefore held in Mansell v. Mansell,
490 U.S. 581 (1989)
, that if a veteran waived a portion of his retirement pay by electing to receive
disability pay and later gets divorced, a state court may not treat the waived retirement pay
as community property. The Court held here that the same result obtains when the
veteran makes that waiver after his divorce — a divorce in which he
agreed to pay his former spouse 50% of his military retirement pay each month.
/s/ Drew Early, Esq.


Veterans Law Attorney

Jim Strickland is a nationally known advocate for veterans and a member of the Stateside Legal Advisory Board.

SEARCH

and find exactly what you're looking for right now.

Type in a key word or phrase & click the search icon. You can also email Jim with your questions. <jim912@gmail.com>

Veterans Question and Answer
Veterans Law Attorney
Veterans Law Attorney

The apportionment process - how to apply


Complete this form:

VA Form 21-0788 - Veterans Affairs - INFORMATION

REGARDING APPORTIONMENT OF BENEFICIARY'S AWARD


Using certified mail, send the form to:

Department of Veterans Affairs
Claims Intake Center
PO BOX 4444
JANESVILLE, WI 53547- 4444


You should also fax a copy to:
Toll Free Fax: 844-531-7818


Wait patiently for VA to reply.

The Actual Legal Analysis as to 38 USC 5301 and Alimony    

 Willick Law Group‎

3591 East Bonanza Road

Las Vegas, NV 89110

(702) 438-4100

willicklawgroup.com

Rose v. Rose - 481 U.S. 619 (1987)

U.S. Supreme Court

Rose v. Rose, 481 U.S.  619 (1987)
Rose v. RoseNo. 85-1206
Argued March 4, 1987
Decided May 18, 1987  481 U.S. 619

Appellant, a totally disabled veteran whose main source of income is federal veterans'

benefits, was held in contempt by the state trial court for failure to pay child support, the

amount of which had been fixed by the court after considering appellant's benefits

to be income under a Tennessee statute.  The State Court of Appeals affirmed,

rejecting appellant's contention that the Veterans' Administration (VA) has

exclusive jurisdiction to specify payments of child support from the disability

benefits it provides.  The court determined that Congress intended disability

benefits to support the beneficiary and his dependents, and held that the trial court's

order directing appellant to pay a portion of those benefits as child support

or be held in contempt did not undermine a substantial federal interest.


Read the syllabus & the case here.      

Garnishment & Apportionment are very serious matters.

Your VA disability payment can't be garnished under most circumstances.

It can be "apportioned".The dependent who is owed money by the order of a

family court is allowed to seek apportionment through the VA.

The dependent must complete the  VBA Form 21-0788.

Do not ever try to hide or disguise income.

Your credibility counts for a lot in a family court. If the judge discovers that you aren't

reporting all of your income, including your VA disability income, that won't go well for you. 

Don't argue the law with the judge. The family court judge has heard it all.


The family court is run by the state you're in.

They follow the law that is in effect in your state. Most states require that a financial

statement be completed for the court to review.

Each state says that "income" must be accurately listed so that the court

understands the financial status of each party.

How "income" is defined may vary from state to state. Most use language like

"total income from all sources" or something similar.

Look for the law in your state by clicking right here.

In most of these on-line references you'll see that the state lists "disability income"

or similar language. The judge wants to know how much your overall, total income is.


The question we're asked on an near daily basisis "Do I have to pay child support or

alimony with my VA disability money?  I'm told that the law protects me from that. I can barely

manage now with the disabled veterans benefits I receive." 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.


Disabled Veterans Divorce     5301

Child Support & Alimony    Apportionment

 Military Service Records, Awards, and Unit

Histories: A Guide to Locating Sources 

This guide provides information on locating

military unit histories and individual service

records of discharged, retired, and deceased

military personnel. It also provides information

on locating and replacing military awards and medals. Included is contact information for

military history centers, websites for additional sources of research, and a bibliography of other publications, including related CRS reports.

VA Benefit Identifier
National Veterans Legal Services Program (NVLSP) is pleased to present the first of its kind app for use by military veterans and their advocates, available

for download through the NVLSP website,  

Apple App Store, or Google Play Store. This application helps veterans, with or without the assistance of a veteran’s advocate, determine specific VA benefits to which they are likely entitled.

FREE help from Hilton Hotels

when you travel in search of a job.

Send Your Documents,

Forms & Evidence here...

Use Certified Mail!!!


Department of Veterans Affairs
Claims Intake Center
PO BOX 4444
JANESVILLE, WI 53547- 4444
Toll Free Fax: 844-531-7818

Regional Loan Center

Contact Information


Vocational Rehabilitation

and Employment

Contact your VARO


Pension Management Centers


Education and Training
Regional Processing Offices

VA has three RPOs that handle GI Bill claims.

Find your region here.

The White House Veterans

Complaint Line is open

855-948-2311

Military Veteran T-Shirt
Dysfunctional Veteran Cap
Amazon Prime Logo Link
Veterans App Store
Hepatitis C Treatment

Free Case Evaluation

These lawyers & doctors will

review your case for FREE!

What are you waiting for?

Veterans Law Attorney

Expert IMO Physician

Veterans Clinical Psychologist

Tactical Military Gear

Contact VAWatchdog

Email Jim Strickland

<jim912@gmail.com>​​

Appeals of Denied Claims

You have the right to appeal any benefits decision made by the Veterans Benefits Administration (VBA). The VA appeals process is set in law and is different from other judicial appeals processes.

The Board of Veterans Appeals

The Court of Appeals for Veterans Claims

How To Appeal A Denied Claim

Veterans Nutrition Vitamins Supplements

VBA  Derivative Benefits Eligibility






The VA Benefit Eligibility Matrix

There are additional benefits that you may be

eligible for that are based on a favorable decision for

a VA benefit and/or based on special circumstances.

These are known as derivatives.