Question:
I was reading through one of your posts written prior to Howell v Howell stating that VA compensation can be used in computing spousal support. Is the information provided going to be updated with the now 2 year old SCOTUS decision that it cannot be. It does not affect me, but may be misleading to former spouses.
Jim's Reply:
No...no changes necessary. The case you refer to is exceedingly complex and fairly specific as to how military retirement joined with VA disability benefits may be viewed in a divorce in states where community property rules come into play. I reference those more frequent and mundane cases where the veteran isn't retired, isn't receiving retirement benefits, and isn't tied up with CRSC/CDRP and so on. The usual case that I address is that of the veteran who is not retired and who is not receiving retirement pay or benefits, but who is receiving VA disability benefits, who asks me if the disability pay is considered as fair game for child support calculations. Yes, it is, that hasn't changed.