Question:

I was reading your questions and answers section on divorce involving veterans receiving VA benefits. I understand why the court counts VA benefits as income during pre-divorce proceedings, e.g. PSS and child support. However, once the divorce is final,  the retired Vet VA disability rate will change because now he is only receiving benefits based on the Vet only rate or Vet with child rate, etc. So, would not a good argument be that since he/she is no longer his/her dependent, and that VA benefits should no longer be considered as income since he/she just got a reduction in benefits due to divorce? I mean he or she was receiving additional monetary benefit because of marriage now they are not. Just something I was thinking about.

Jim's Reply:

That's an interesting thought process but of course, I can't answer the question you pose. All determinations about obligations are made in accordance with existing regulations and as the court determines who owes what to who and any arguments to change anything would have to be made before the court.