Veterans benefits

[renee1]

What is the name of your state? KY

Even though I'm divorcing my husband I still don't want to see him lose his veterans benefits. Currently BCSE is trying to take part of his benefits each month. Is this possible? That is money to help him with his medical bills due to his injuries from being in a war. It is to compensate HIM for being disabled. I would think that money couldn't be touched. I would think it's unconstitutional to touch it. I have read it can't be touched for back taxes and a few other things. Why is this considered for CS. He is currently paying CS from his paycheck from his regular job. We were told by our lawyer earlier in the year that if BCSE did not ask for his veterans benefits to say nothing about them. And he didnt' say a word about them. So I'm assuming someone at BCSE wanted to be a jerk and dig up anything they could find on my husband?

Could a good lawyer fight this?

Also 70 percent of his benefits are being held back by the VA to pay back compensation given to him in a lump sum for being disabled when he got discharged. But the army messed up and taxed his compensation so when we did our taxes it showed up as regular wages. He has explined this to BCSE. Could BCSE seek a portion of his compensation even though when he received it there was no order or even proof of paternity at that time?

 

[Ohiogal]

What is the name of your state? KY

Even though I'm divorcing my husband I still don't want to see him lose his veterans benefits. Currently BCSE is trying to take part of his benefits each month. Is this possible? That is money to help him with his medical bills due to his injuries from being in a war. It is to compensate HIM for being disabled. I would think that money couldn't be touched. I would think it's unconstitutional to touch it. I have read it can't be touched for back taxes and a few other things. Why is this considered for CS. He is currently paying CS from his paycheck from his regular job. We were told by our lawyer earlier in the year that if BCSE did not ask for his veterans benefits to say nothing about them. So I'm assuming someone at BCSE wanted to be a jerk and dig up anything they could find on my husband?

Could a good lawyer fight this?

Also 70 percent of his benefits are being held back by the VA to pay back compensation given to him in a lump sum for being disabled when he got discharged. But the army messed up and taxed his compensation so when we did our taxes it showed up as regular wages. He has explined this to BCSE. Could BCSE seek a portion of his compensation even though when he received it there was no order or even proof of paternity at that time?

Double post. And yes BCSE can take part of his benefits for child support. YOU HAVE BEEN ANSWERED ON YOUR OTHER THREAD!

 

[fairisfair]

yeah, nice try Renee'

https://forum.freeadvice.com/showthread.php?t=368186

 

[renee1]

Double post. And yes BCSE can take part of his benefits for child support. YOU HAVE BEEN ANSWERED ON YOUR OTHER THREAD!

No it's not a double post. and no someone did not tell me they could take his VA benefits. And no one told me why. And no one told me if getting a lawyer could help. And someone may be in this exact situation and are they going to look in the divorce thread to find out the anser to a CS question?

 

[BL]

What is the name of your state? KY

Even though I'm divorcing my husband I still don't want to see him lose his veterans benefits. Currently BCSE is trying to take part of his benefits each month. Is this possible? That is money to help him with his medical bills due to his injuries from being in a war. It is to compensate HIM for being disabled. I would think that money couldn't be touched. I would think it's unconstitutional to touch it. I have read it can't be touched for back taxes and a few other things. Why is this considered for CS. He is currently paying CS from his paycheck from his regular job. We were told by our lawyer earlier in the year that if BCSE did not ask for his veterans benefits to say nothing about them. And he didnt' say a word about them. So I'm assuming someone at BCSE wanted to be a jerk and dig up anything they could find on my husband?

Could a good lawyer fight this?

Also 70 percent of his benefits are being held back by the VA to pay back compensation given to him in a lump sum for being disabled when he got discharged. But the army messed up and taxed his compensation so when we did our taxes it showed up as regular wages. He has explined this to BCSE. Could BCSE seek a portion of his compensation even though when he received it there was no order or even proof of paternity at that time?

http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=392765

He should go to his nearest office of disabled veterans for a talk with personnel that can help him with this . He needs to get those funds recognized as disability funds , and get a copy of the law to the child support collection unit office that handles the CS case . The VA. should be able to pull up and get him a couple copies of the law , and he needs to go to the CS office personally with it and talk to a rep. giving a copy and getting a receipt that CS received a copy of the law exempting seizers .

However , even though CSE can not seize veterans benefits , they can take actions in other way allowed to try to collect as per State Laws .

 

[renee1]

Thank you blonde. Actually I looked in the handbook and it says veterans benefits can only be garnished if they waived their right to retiredment benefits to receive veterans benefits. My husband didn't have enough years in to even qualify for retirement. So they CAN'T take his benefits.

 

[Ohiogal]

Thank you blonde. Actually I looked in the handbook and it says veterans benefits can only be garnished if they waived their right to retiredment benefits to receive veterans benefits. My husband didn't have enough years in to even qualify for retirement. So they CAN'T take his benefits.

They can use his benefits as income and to calculate child support for his first child support order and then yours thus increasing the amount of child support he has to pay.

 

[fairisfair]

http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=392765

He should go to his nearest office of disabled veterans for a talk with personnel that can help him with this . He needs to get those funds recognized as disability funds , and get a copy of the law to the child support collection unit office that handles the CS case . The VA. should be able to pull up and get him a couple copies of the law , and he needs to go to the CS office personally with it and talk to a rep. giving a copy and getting a receipt that CS received a copy of the law exempting seizers .

However , even though CSE can not seize veterans benefits , they can take actions in other way allowed to try to collect as per State Laws .

That is great info Blonde, just be very aware that this poster does NOT have this veteran's best interest at heart. and that is NOT her motiviation.

 

[renee1]

That is great info Blonde, just be very aware that this poster does NOT have this veteran's best interest at heart. and that is NOT her motiviation.

You don't know what I have at heart. You are saying do not give accurate informaton to someone if YOU feel they don't have someones best interests at heart? Well who are you? No one. The law is the law regardless of how someone chooses to use it. I don't want to see my husbands money go to an undeserving party. Period. And even though a portion of his money has to..I would rather see the least amount possible be sent to them. Regardless of our divorce. So I thank everyone for their "honest" advice. And we have decided to hire a lawyer to represent him in this modification hearing anyway. And for future refrences veterans disability compensation cannot be garnished for CS unless the veteran elected to forego some of their retirement pay in order to collect additional disability payments. My husband wasn't eligable for retirement pay in the first place. So they are just SOL. However they will probably increase his amount being withheld from his paycheck. Can't win for losing.

 

[Ohiogal]

You don't know what I have at heart. You are saying do not give accurate informaton to someone if YOU feel they don't have someones best interests at heart? Well who are you? No one. The law is the law regardless of how someone chooses to use it. I don't want to see my husbands money go to an undeserving party. Period. And even though a portion of his money has to..I would rather see the least amount possible be sent to them. Regardless of our divorce. So I thank everyone for their "honest" advice. And we have decided to hire a lawyer to represent him in this modification hearing anyway. And for future refrences veterans disability compensation cannot be garnished for CS unless the veteran elected to forego some of their retirement pay in order to collect additional disability payments. My husband wasn't eligable for retirement pay in the first place. So they are just SOL. However they will probably increase his amount being withheld from his paycheck. Can't win for losing.

And yet you think you are a deserving party? GOD GET OVER YOURSELF> YOur husband screwed this other woman, chose to put his penis in her vagina (in case you are not aware of how babies are made) and a baby developed. Now you and he seem to be forgetting his role in this procreation and want to blame mom. Well guess what -- if she deserves nothing then you deserve nothing because it is the same circumstance. Insert tab P in slot V and out comes a baby approximately nine months later. Both created by the same tab P. Both children are legally to be supported. I feel sorry for the children. I really do.

 

[CourtClerk]

You don't know what I have at heart.

Actually yes, we do.... you made it quite clear in your other thread.

 

[renee1]

Someone help me... did I miss the part of the story that said that this mother had her child by herself.... or was this genius' husband part of the equation also?

I mean, I majored in Poli Sci, but I'm almost SURE women don't conceive (under these circumstances) alone.

Also, OP... going back to the old Christian roots, and your stbx would have married the first mom and you wouldn't have any of these issues anyway.

No. He wouldn't have married her because he could have said it wasn't his and no paternity test could prove otherwise. You think every man that got a woman pregnant married them? No. Where do you think the whores came from? Must I add they were not in a relationship. It could have been anyones.

 

[CourtClerk]

No. He wouldn't have married her because he could have said it wasn't his and no paternity test could prove otherwise. You think every man that got a woman pregnant married them? No. Where do you think the whores came from? Must I add they were not in a relationship. It could have been anyones.

See, you can't have it both ways....do you want your stbx to be a good Christian, honest and moral.... or the lying piece of irresponsible scum he's appearing to be now? I don't believe that God condoned lying to the government either.... remember what happened to Sapphira????

 

[CourtClerk]

Must I add they were not in a relationship. It could have been anyones.

It could have been.... but at the moment that they established paternity, the only person's it IS is....your husband.

 

[renee1]

It could have been.... but at the moment that they established paternity, the only person's it IS is....your husband.

And that's why I am not staying around.