Asked 10/7/2009
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Does VA Disability Benefits count towards child support calculation? My daughter married in 2004. They have 2 kids, ages 3 and 4. Her husband joined the Navy in 2001 and was injured during boot camp. He put in his 5 years and got out in 2006. My daughter has filed for divorce. He is working a minimum wage job but is collecting $670 per month in VA Disability Benefits. He is receiving $70 per month extra because of my daughter and I believe $130 per month extra because of the kids. My question is this: are these VA Disability payments considered income that can be counted to calculate child support payments? He said he called the VA and they told him they cannot be touched because HE earned them and she nor the kids have no right to them. We asked an attorney and he said all income is counted towards calculating the correct amount for child support. They were married and have lived in Oregon. |
Answer 1/7 - Submitted 10/7/2009
Answer 2/7 - Submitted 10/7/2009
Answer 5/7 - Submitted 11/9/2009
Answer 6/7 - Submitted 1/17/2011
Answer 7/7 - Submitted 1/23/2011
I served 20 years 7 months and 6 days in the US Navy as an Aviation Electrician and Naval Aircrew Member. I am currently disabled due to injuries received while in the service of my county.
MY MESSAGE IS SIMPLE REPEAL The United States Former Spouses Protection Act. (USFSPA) This would provide fairness and equality for our retired and divorced service members both male and female in all branches of the military. Military retainer pay is just that retainer pay not a retirement system that my wife or I contributed into. The DOD considers it reduced pay for reduced services. The IRS also considers it pay.
THIS IS JUST PLAIN WRONG.
State courts have looked at military retirement as a qualified retirement plan that both husband and wife contributed to when in fact NO CONTRIBUTIONS from either party were made. The courts have then AWARDED the military retainer pay and the Military Members VA Disability for LIFE to the other divorced spouse even upon remarriage. Some times ex-spouses receiving two and three military retirement checks from the retainer pay of the ex service members.
When an ex-spouse of a service member remarries, or co-habilitates with another person of the opposite sex, then, like other federal and state statutes the garnered payments of Military Retainer/Retired Pay to the ex spouse should be terminated.
We must stop allowing State Courts to award military retainer pay to an ex-spouse for LIFE! No other federal or State Retirement system does this including the FBI, FSA, CIA, Social Security, and State Public Employee Retirement System (State Senators, State Representative, Judges, and Teachers ETC.
THIS IS RIGHT!
The military member should never be required to financially support an ex-spouse and his/her new family, or partner, for the rest of their life! I was injured while on active duty and dont ever remember my spouse jumping out of the airplane with me or repairing airplanes for the Navy. She did not work in freezing weather with hands numb from the cold or repairing an aircraft under a 120-degree desert sun halfway around the world.
I love my wife, however, she was not the one risking her life everyday. Although, the majority of military spouses make sacrifices, they are not the ones who raised the right hand and swore to up hold the laws and constitution of the United States, the same effort and dedication that every airman, marine, sailor, soldier swore too.
A REPEAL of the USFSPA would prohibit state courts from awarding VA Disability Compensation to a third party (ex spouse), which is in violation of Federal law. No person has the right to seek benefits from an injury to another caused by military service. Not only is this appalling, but also it is unconstitutional.
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