Question:
Can the state Court count all my VA disability or just the portion that is for the one dependent? I remarried and I claim her and my stepson. If it can only be the portion for just the extra for my non-custodial child, what is the law or case that states just a portion is counted and not all of the VA disability?
Jim's Reply:
VA disability income is not protected in the family court no matter the rumors you may hear about the 5301 rule. VA disability payments are meant to replace income the veteran has theoretically lost because of the rated disabling condition(s). That income is there to provide for the veteran and the immediate dependent family of the veteran. When divorce occurs the court settles obligations using the whole income of each party to calculate amounts. That whole income includes all income including disability payments. A good explanation of how it all works is here