Question:
My ex got awarded a percentage of my VA disability in addition to my retirement even though I clearly presented the law to the court that it is not a divisible asset. Her attorney and the Judge were clearly friends and the judge awarded her a part of my VA disability. Her lawyer actually lies to the court in his petition. is there anything I can do?
Jim's Reply:
VA disability pay is not "divisible" as such...it can't be garnished or otherwise withheld except to repay a debt to the federal government. You may be referring to the 5301 rules that tell us a VA disability benefit can't be garnished to pay a debt...supporting your family isn't a debt (it's an obligation, different than a debt) and the courts have long since determined that 5301 doesn't play in divorce court. In the divorce court disability pay and all other income is totaled up to show your overall gross income and that figure is where the financial calculations begin. Using that number and a standard formula the court will determine just who owes what to who. If a obligor doesn't timely pay the ordered amount to the obligee, then the VA benefit may be apportioned by the obligee to help satisfy the order of the court. If you disagree with the amount you've been ordered to pay each month, your only choice is to return to the family court and seek a modification to the payment schedule. Otherwise, you're smart to make timely payments per the court order.