Veteran rights

[AskerofQuestion]

Why is it that almost all of you lawyers ignore the veterans 5301 that literally states that the funds of a vet that receives disability can not be calculated in any way shape or form and taken from them, but yet in 'family court' a you argue that they can be used for spousal support to a judge and yet the judges listen and award federally protected funds to ex spouses (who are no longer family) in a divorce. (if you qoute rose v rose I want you to know I read it over very very carefully and when the subject of family court came up and that the courts have the right to use the funds for distribution the justices stated literally "we disdain that comment" go look at a dictionary that means they don't agree). So I want a real answer here why it's ignored and the law isn't followed. Don't try to protect yourself if you do have an answer and state it's only opinion what I am stating. Give a real answer off the record of why you guys don't want to follow the law to the letter.

 

[Proserpina]

Why is it that almost all of you lawyers ignore the veterans 5301 that literally states that the funds of a vet that receives disability can not be calculated in any way shape or form and taken from them, but yet in 'family court' a you argue that they can be used for spousal support to a judge and yet the judges listen and award federally protected funds to ex spouses (who are no longer family) in a divorce. (if you qoute rose v rose I want you to know I read it over very very carefully and when the subject of family court came up and that the courts have the right to use the funds for distribution the justices stated literally "we disdain that comment" go look at a dictionary that means they don't agree). So I want a real answer here why it's ignored and the law isn't followed. Don't try to protect yourself if you do have an answer and state it's only opinion what I am stating. Give a real answer off the record of why you guys don't want to follow the law to the letter.

Would you like some cheese?

Seriously - this isn't your blog, or your venting forum.

 

[quincy]

Why is it that almost all of you lawyers ignore the veterans 5301 that literally states that the funds of a vet that receives disability can not be calculated in any way shape or form and taken from them, but yet in 'family court' a you argue that they can be used for spousal support to a judge and yet the judges listen and award federally protected funds to ex spouses (who are no longer family) in a divorce. (if you qoute rose v rose I want you to know I read it over very very carefully and when the subject of family court came up and that the courts have the right to use the funds for distribution the justices stated literally "we disdain that comment" go look at a dictionary that means they don't agree). So I want a real answer here why it's ignored and the law isn't followed. Don't try to protect yourself if you do have an answer and state it's only opinion what I am stating. Give a real answer off the record of why you guys don't want to follow the law to the letter.

What is the name of your state, AskerofQuestion?

 

[Isis1]

Why is it that almost all of you lawyers ignore the veterans 5301 that literally states that the funds of a vet that receives disability can not be calculated in any way shape or form and taken from them, but yet in 'family court' a you argue that they can be used for spousal support to a judge and yet the judges listen and award federally protected funds to ex spouses (who are no longer family) in a divorce. (if you qoute rose v rose I want you to know I read it over very very carefully and when the subject of family court came up and that the courts have the right to use the funds for distribution the justices stated literally "we disdain that comment" go look at a dictionary that means they don't agree). So I want a real answer here why it's ignored and the law isn't followed. Don't try to protect yourself if you do have an answer and state it's only opinion what I am stating. Give a real answer off the record of why you guys don't want to follow the law to the letter.

you must not understand the purpose of this site.

if you have a legal question (not a debate) then by all means, ask your question and give pertinent details so we can assist you.

please note the Terms of Service. there is no guarantee any responses are made by attorneys.

 

[quincy]

Why is it that almost all of you lawyers ignore the veterans 5301 that literally states that the funds of a vet that receives disability can not be calculated in any way shape or form and taken from them, but yet in 'family court' a you argue that they can be used for spousal support to a judge and yet the judges listen and award federally protected funds to ex spouses (who are no longer family) in a divorce. (if you qoute rose v rose I want you to know I read it over very very carefully and when the subject of family court came up and that the courts have the right to use the funds for distribution the justices stated literally "we disdain that comment" go look at a dictionary that means they don't agree). So I want a real answer here why it's ignored and the law isn't followed. Don't try to protect yourself if you do have an answer and state it's only opinion what I am stating. Give a real answer off the record of why you guys don't want to follow the law to the letter.

Although I was waiting for AskerofQuestion to provide the name of his state, the American Bar Association addressed the question implied in his post.

Essentially the answer to AskerofQuestion's implied question is that there are exceptions to 38 USC §5301.

The following is a link to the American Bar Association, Section of Family Law, Military Committee, "Fact Sheet - V.A. Payments and Family Support:"
http://www.americanbar.org/content/dam/aba/administrative/family_law/201109_flmc_vapaymentsfacts.authcheckdam.pdf


(I sure hope this is really "off the record" and not on, say, a public forum or anything)

 

[TigerD]

Why is it that almost all of you lawyers ignore the veterans 5301 that literally states that the funds of a vet that receives disability can not be calculated in any way shape or form and taken from them, but yet in 'family court' a you argue that they can be used for spousal support to a judge and yet the judges listen and award federally protected funds to ex spouses (who are no longer family) in a divorce. (if you qoute rose v rose I want you to know I read it over very very carefully and when the subject of family court came up and that the courts have the right to use the funds for distribution the justices stated literally "we disdain that comment" go look at a dictionary that means they don't agree). So I want a real answer here why it's ignored and the law isn't followed. Don't try to protect yourself if you do have an answer and state it's only opinion what I am stating. Give a real answer off the record of why you guys don't want to follow the law to the letter.

If you went into court with this attitude, I'm not surprised you lost. I am surprised you you were able to leave that day.

DC

 

[RRevak]

While I understand a garnishment for purposes of child support, knowing there can be exceptions for alimony purposes actually makes me ill. So one disabled individual get shackled with supporting another adult individual out of the only meager income they possess? I'm very much looking forward to alimony reform if it were ever to occur.


I only cared to comment simply because this wasn't really a genuine thread anyway.

 

[ecmst12]

VA disability payments are frequently NOT the only income available to the veteran.

 

[tranquility]

While I have no expertise to the specifics of the question, it seems the theoretical in a situation like this is appropriate. There are clearly issues. I know nothing here so will not opine on a result. It is interesting to me and I would love someone to talk about the actual legal issues and not give unsubstantiated thoughts. (Thanks quincy, for the link.) I understand how we feel is useful in many ways. The best way is as a person on a jury. This does not seem a jury issue, but a law issue.

 

[quincy]

While I have no expertise to the specifics of the question, it seems the theoretical in a situation like this is appropriate. There are clearly issues. I know nothing here so will not opine on a result. It is interesting to me and I would love someone to talk about the actual legal issues and not give unsubstantiated thoughts. (Thanks quincy, for the link.) I understand how we feel is useful in many ways. The best way is as a person on a jury. This does not seem a jury issue, but a law issue.

There has been a lot of law on this.

Child support and alimony are not considered "collections" under §5301 and families are not considered "creditors" under §5301, as determined by several courts across the country. These interpretations of 38 USC §5301 is what has allowed VA disability benefits to be part of the income considered by family courts when determining support.

I think the interpretation is a fair one, based on the wording. Until the US Supreme Court or Congress say otherwise, those who collect VA disability benefits should know that these benefits can be used to help support their children (and sometimes their spouses) if there is ever a parting of the ways.

So, to address AskerofQuestion's concern that "almost all lawyers" are ignoring the law, attorneys who handle family law cases are actually following the law as it currently stands. Now, if s/he wants to come back and provide the state in question, there might be some case in the state that provides differently.

 

[Silverplum]

The OP was back, viewing the thread with about 7 replies, for many minutes.

 

[cbg]

We had a poster here, a couple of years ago, who was very open about the amounts of his disability benefits. He had a higher income than I do now, and by a couple of thousand a month.

 

[ecmst12]

I don't know why OP would be surprised about the law here, the military has always been in favor of service members/vets supporting their families first.

 

[PaulMass]

Why is it that almost all of you lawyers ignore the veterans 5301 that literally states that the funds of a vet that receives disability can not be calculated in any way shape or form and taken from them, but yet in 'family court' a you argue that they can be used for spousal support

Lawyers will argue over anything.

 

[Proserpina]

All kidding aside, OP, you are incorrect. You may want to read this: http://statesidelegal.org/sites/default/files/VA payments-fact sheet_msullivan.pdf

If anything, it specifically addresses family support and completely contradicts your understanding.

Further, Rose v Rose does not say what you think it says.

https://supreme.justia.com/cases/federal/us/481/619/

Finally, OP, perhaps you can find a dictionary? There's a handy dandy one right here: http://www.oxforddictionaries.com/us/definition/american_english/disdain

To summarise: You're wrong, very wrong and dead wrong.

Sorry.