Question:
I have lots of questions, but one important one is my V.A. disability protected! My wife and I are having problems. She ran up debt and hasn’t paid SBP in years. She is threatening me to get out and that her lawyer said I will still have to pay for the house and everything. She claim my V.A. disability is community property. Is this true?
Jim's Reply:
VA disability payments can't be garnished in civil court actions...a VA disability payment has been earned by the veteran and is there to help support the veteran and the family of the vet. In other words, your VA disability check is yours but you're expected to use it for self and family support. Having said that, when the veteran divorces, all income must be reported to the court by both parties via a financial statement. The court will use the financial statements to determine who owes what to who. If you are ordered to pay (x) dollars in child support or alimony and you have to use your VA disability money to do that, then you have to do just that. It's a complex issue and you really need a good divorce lawyer in your corner. Note that I said divorce lawyer, not veterans lawyer. Divorce and the family court have nothing to do with your status as a vet. Most divorces are no-fault these days and the final consideration is finances and kids.
Get a lawyer!