VA Disability Compensation and Divorce

[azlady]

What is the name of your state? Nevada

Is VA Disability compensation divisible as a community property asset in a divorce?

[IrishLady47]

No, it is not. A small portion of the total VA disability benefits paid to a veteran is because the veteran has a spouse, and, an even smaller amount for each dependent child. The spouse portion ends upon divorce.

It is considered as income in determining alimony and/or child support.

Look at it this way-VA disability benefits are to compensate a veteran for loss of physical ability incurred while serving his/her country. It is NOT a pension he/she paid into nor earned as a result of XX amount years service. So, how do you divide a disability? If you can't divide the disability, why should you divide the compensation for it?

More information is available at [url]www.va.gov[/url] about benefits for veterans and their dependents. Depending on his disability rating, you may qualify for other benefits.

[jeancollie]

Hello,

I am lost. I am 100% total and perm disabled through the VA.

I am divorced 2 times with 3 children. 1 from the first and 2 from the second.

I have always payed 1/2 of all my kids bills as ordered by the court.

But after losing my job to my disabilities my income has been reduced alot.

My question is how much if any child support am I required to pay? It's not that I don't want to but just can't anymore.

[carofl93]

Google for the Rose v Rose case mentioned in this article:
[url]http://www.fa-ir.org/alabama/cs/cs_disability.htm[/url]

It appears to state that although your VA disability cannot be garnished, it can still be used to establish or continue CS obligations.

The hubby is trying for 100% P and T, so we are by no means experts on this.