Question:

A veteran friend of mine  who was an Air Force service member served four year in Vietnam, then got out. He was eventually awarded disability compensation for (PTSD) that had been awarded before he married his first wife. All this is taking place in California, and they have no children. After they divorced, she was awarded 40% of his disability compensation as well as the social security he was also receiving. He now cannot work because of PTSD and Sever Sleep Apnea , which has been added to his disabilities by the VA. Is there any possibility of this award being reduced? He about to move back to California to help out his current wife who taking care of her elder mother.

Jim's Reply:

When we get to divorce court the judge requires each party to complete financial statements. From these statements the court will then determine financial obligations like child support and alimony. The court can't assign, "40% of his disability compensation" as you say because VA disability compensation is not available for assignment or garnishment. What the court does is try to achieve a reasonable number based on all income from either party. If either party wishes for that number to change, they have to return to the court with jurisdiction and seek a modification of the monthly amount. There is no other way to modify the orders of the court.