Divorce 20 years ago

Question:

Jim. I got divorced in 1989 in Texas. My kids are in their 30's and early 40's --not kids. My ex-wife remarried in 1991. I have been chronically ill with Crones disease which impeded me from steady work. Thus back child support. I have surgery for thyroid cancer. Two stomach surgeries and right kidney removed by the VA in 2014. I am about to start kidney dialysis in 60 days. I have been on SS disability since 2011.  $300 month has been taken from check since 2011.  I am a veteran. I am about to get rated according to my lawyer at 100 %. I am 64 years old. Can the court still take money from VA disability checks and back pay?   I also made child support payments since 1989.  My ex-wife took all of my SS back pay. My current wife got nothing.  still don't understand how that was legal.  Thank you in advance. Sorry this is so long.

Jim's Reply:

The family court...divorce court...determines your obligations after divorce by looking at your total income and other circumstances. That income includes any amount of money from any source, including disability pay and so on. We will usually assume that the court will make these decisions about financial obligations based in the law and without any bias one way or another. As a rule, if the court has ordered you to pay a given amount each month, you must pay that or suffer consequences. While VA disability pay can't be garnished by the family court, it can be apportioned by the VA and paid directly to the obligee. If you're behind in payments or if you're a bit lost in all this, you really should retain your own lawyer to help you navigate potential problems.

  • PS from StatesideLegal: You can use the "Find Legal Help" map to look for a LRS provider where you now live and ask for a low-cost consultation with an attorney experienced in VA benefits and divorce law.