Question:

My wife is divorcing me and she is telling me that her attorney said that my VA benefits is added to my salary as to what I made for the year. Adding this up counts as more child support and alimony. Can the state count my benefits to give her more money?

Jim's Reply:

The divorce court as well as almost all other entities that ask for financial information will consider disability income as a part of the "total income" figure they seek for their calculations. Total income will include everything...Lotto winnings, an inheritance form poor aunt Mildred and your VA disability benefits. VA disability benefits can not be garnished like a paycheck can but once the the money is in your bank account, it's fair game in the divorce court. Underreporting or failing to report all income is a serious violation and you want to be careful that you remain credible to the court...things could be worse.