Question:
I am a 100% disabled Marine Corps Veteran, I live in ND and I have had a woman contact me that is requesting child support in NJ. She is trying to get my VA compensation award monies and my attorney who is NOT educated in or about the Veteran world has made me disclose my monthly payment, which I've explained is NOT considered income. I'm seeking well educated legal representation in NJ, but have been unsuccessful so far. Can you help me find/ refer me to a Veteran Attorney in NJ? I am 100% PTSD Service Related and the woman that I'm up against wants to retain all my medical records and wants back dated child support to 2009.
Jim's Reply:
Your VA disability payment is considered income for family and child support purposes. The 5301 rumor you may have heard is not correct. Your disability money is there for your family...your child is your family if paternity is proven. The court that is making a decision about child support will ask for your TOTAL income, including VA disability payments, in a financial statement. Here is the explanation why. VA compensation is there to replace income that would be used in these circumstances if you could work...it's fair game in divorce court. You can ask all the lawyers you want and they'll all tell you the same thing...it's the law. I'm 100% and I've been through a divorce and the best advice I can offer you is to start making payments right now, beg for mercy about the retroactive stuff and do not ever piss off a family court judge or you'll live to regret it. The intra and inter state laws allow that family court to make your life miserable all the way from where they are. Your former USMC status means nothing in family court, the court is all about the welfare of the children, not you. Talk with veterans lawyers for free here