5301 once again

Question:

Let's say a disabled veteran who already collects VA compensation gets a divorce. When it comes to USC, Title 38, §5301, the court NEVER took into account the difference in VA disability monthly payments from a disabled veteran that is a single (less amount) from a disabled veteran with children (higher amount). That difference is the only thing that should be treated as income and not the full amount, because the higher amount difference was meant to take care of the disabled veteran's dependent children. NOTE: Obviously, the amount is lessened when the VA compensation is lessened (income level) when the disabled veteran is no longer married, therefore it should apply to depend children as well.

 

Jim's Reply:

The 5301 theory you present has been floating around on the Internet for at least 15 years...that's how long I've been aware of the rumor. The thought process that 5301 protects you from paying some money to support your progeny is thoroughly debunked time and again. 
 

Veterans disability compensation is counted as income in divorce and every other means test I can think of. In this American Bar Association Fact Sheet, "Are VA benefits subject to levy, seizure or attachment?" you'll learn that your benefits are part of your income in divorce court. If you don't believe that, note that if you don't pay your court ordered support that the VA can and will take the money from you and give it to the obligee. 
 

If you have been ordered to pay child support and you disagree with that order, you are usually allowed to return to the appropriate court and seek a modification of the order. That very much depends on the state the court is located in and you should explore that with an attorney who is experienced in your state.
 

Unless and until you do this successfully, the best thing for you to do is appropriately parent your children and pay your share for their support. Arguing arcane legal theories on the Internet or worse...to a magistrate in a courtroom...isn't going to reduce your obligation and it takes away from time you could be parenting. Good luck.

 


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