Question:

You do realize that ex spouses can’t receive child support when it comes to a veterans disability rating of more than 40% right?? All it takes is for a Veteran  to file a a due process affidavit because the state is illegally awarding a veterans compensation to someone else. VA disability compensation is awarded tax-free to a veteran injured in combat, or in the line of duty. This compensation is federally protected from attachment of any kind under USC, Title 38, §5301. The majority of civil court judges do not recognize this Federal law, and divorce attorneys refuse to use this federal code to protect a veteran’s disability benefits from attachment.  It amazes me that you give advice to those that aren’t veterans.. but you are willing to take away from the veteran to a person who has done nothing but given birth and raised a child! Disappointing to see something like this from women who think they are entitled to someone else’s compensation.. key word compensation! Not income!!

Jim's Reply:

Well, darn it, you're wrong. The 5301 rumor has been around a long long time...the fact is that 5301 doesn't prevent the disabled veterans monthly VA payment from being used as income to calculate the obligations that may arise from divorce. The SCOTUS ruled on all this in 1987 here.

An advisory panel member here at Stateside Legal has written "The Actual Legal Analysis as to 38 USC 5301 and Alimony" here.

By perpetrating the Internet rumor that veterans disability payments can't be used for child support or alimony, you're not doing us any favor. Over the years I've watched as veterans have been sentenced to jail for defying orders of the court because of the 5301 propaganda.  Veterans who divorce are treated the same as any other parent who has an obligation to fulfill, just as they should be.