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How a Veterans Disability Settlement Can Affect a Divorce Case
Jim's 58-year-old client is permanently disabled because of his service in the military. He receives a monthly pension benefit from the Department of Veterans Affairs.
He would like to know if a verdict of a juror will affect his VA benefits. It won't. However, it will affect the income sources of his other income sources.
Can I get compensation for an accident?
If you've served in the military and are now permanently disabled due to injuries or illnesses, you could be eligible for a veterans disability settlement. This settlement can help you receive compensation for veterans your medical bills, lost wages and other expenses that result from your injury or illness. The kind of settlement you'll get depends on whether or not your condition is service-connected or non-service connected, which VA benefits you qualify for, and the amount your accident or injury will cost to treat.
For instance, Jim is a 58-year veteran who was diagnosed with permanent disabilities following two years of service during the Vietnam War. He doesn't have enough work space to qualify for Social Security Disability benefits, however, he can claim an VA Pension that offers cash and medical treatment for free according to his financial need. He would like to understand how a personal injuries settlement will affect his eligibility to get this benefit.
The answer will depend on whether the settlement is in the form of either a lump sum or structured settlement. Structured settlements are those that are made over a time frame instead of in one payment and the amount received by the defendant is used to offset any existing VA benefits. However, a lump sum payout will likely affect any existing benefits because the VA considers it to be income and will annually calculate it. If Jim has assets that are not used up after the settlement has been annualized, he can reapply to be eligible for the pension benefit. However the assets must be below a threshold the VA has agreed establishes financial necessity.
Do I need to hire an attorney?
Many spouses, members of the military and former spouses are concerned about VA disability payments and their impact on financial issues during divorce. Some people believe that the Department of Veterans Affairs' compensation payments can be split as a military pension in a divorce or that they are "off limits" in calculation of child support and alimony. These misconceptions can lead to financial errors that have serious repercussions.
While it is possible to make an initial claim for disability benefits by yourself, veterans the majority of disabled veterans disability lawyers require the help of a qualified attorney. A disability attorney for veterans can examine your medical records in order to gather the evidence required to prove your case to the VA. The lawyer can also file any appeals that you may need in order to get the benefits you deserve.
Most VA disability lawyers do not charge for consultations. The government also pays the lawyer directly from the amount of retroactive benefits. This is one of the benefits of the Equal Access to Justice Act. The amount of retroactive past due benefits your lawyer will receive should be clearly stated in your fee agreement. A fee agreement could stipulate for instance that the government would pay the attorney 20 percent of retroactive benefits. The attorney is responsible for any additional costs.
Can I Garnish My VA Benefits?
When disabled veterans receive compensation from the VA it is received in the form of monthly payments. The purpose of the payments is to help offset the effects of disabilities, diseases or injuries sustained or aggravated by a veteran's military service. Like other income sources, veterans disability benefits can be subject to garnishment.
Garnishment allows a court order that an employer or government agency stop money from the pay of a person who owes the debt and pay it directly to a creditor. In the case of a divorce, garnishment can be used to pay spousal support or child support.
There are certain situations where veterans' benefits could be encashable. The most frequent scenario involves veterans who have waived their military retirement in order to receive disability compensation. In these situations, the portion of the pension that is attributed to disability benefits can be garnished for family support obligations.
In other situations veterans' benefits could be seized to pay medical expenses or past-due federal student loans. In these instances the court might be able to direct the case to the VA to get the required information. It is vital for disabled veterans to work with a reputable attorney to ensure that their disability benefits are not being snatched away. This can prevent them from relying on payday lenders and private loans.
Can I Represent Myself in a Divorce Case?
VA disability settlements can be an enormous benefit for veterans and their families, but they come with their own set of complications. For instance, if a veteran gets divorced and receives an VA disability settlement, they should know how this could affect their benefits.
One of the major issues in this regard is whether disability payments are considered divisible assets in a divorce. This question has been resolved in two ways. A Colorado court of appeals ruling declared that VA disability payments were not property and therefore could not be divided this way. Another way is through an U.S. Supreme Court ruling in Howell which ruled that garnishing the veteran's VA disability benefits to pay for Alimony is against the Uniformed Services Former Spouses Protection Act (USFSPA).
Another concern related to this issue is the handling of disability benefits for child maintenance and support. The USFSPA and the Supreme Court both forbid states from counting disability benefits as income to be used for this purpose. However, some states have taken the opposite approach. For instance, Colorado adds up all sources of income to determine how much in support a spouse requires and then adds disability payments to take into account that they are tax free.
Finally, it is important for veterans to understand how their disability compensation will be affected when they get divorced and how their ex-spouses may garnish their compensation. By knowing about these issues, veterans can protect their earnings and avoid any unwanted consequences.
Jim's 58-year-old client is permanently disabled because of his service in the military. He receives a monthly pension benefit from the Department of Veterans Affairs.
He would like to know if a verdict of a juror will affect his VA benefits. It won't. However, it will affect the income sources of his other income sources.
Can I get compensation for an accident?
If you've served in the military and are now permanently disabled due to injuries or illnesses, you could be eligible for a veterans disability settlement. This settlement can help you receive compensation for veterans your medical bills, lost wages and other expenses that result from your injury or illness. The kind of settlement you'll get depends on whether or not your condition is service-connected or non-service connected, which VA benefits you qualify for, and the amount your accident or injury will cost to treat.
For instance, Jim is a 58-year veteran who was diagnosed with permanent disabilities following two years of service during the Vietnam War. He doesn't have enough work space to qualify for Social Security Disability benefits, however, he can claim an VA Pension that offers cash and medical treatment for free according to his financial need. He would like to understand how a personal injuries settlement will affect his eligibility to get this benefit.
The answer will depend on whether the settlement is in the form of either a lump sum or structured settlement. Structured settlements are those that are made over a time frame instead of in one payment and the amount received by the defendant is used to offset any existing VA benefits. However, a lump sum payout will likely affect any existing benefits because the VA considers it to be income and will annually calculate it. If Jim has assets that are not used up after the settlement has been annualized, he can reapply to be eligible for the pension benefit. However the assets must be below a threshold the VA has agreed establishes financial necessity.
Do I need to hire an attorney?
Many spouses, members of the military and former spouses are concerned about VA disability payments and their impact on financial issues during divorce. Some people believe that the Department of Veterans Affairs' compensation payments can be split as a military pension in a divorce or that they are "off limits" in calculation of child support and alimony. These misconceptions can lead to financial errors that have serious repercussions.
While it is possible to make an initial claim for disability benefits by yourself, veterans the majority of disabled veterans disability lawyers require the help of a qualified attorney. A disability attorney for veterans can examine your medical records in order to gather the evidence required to prove your case to the VA. The lawyer can also file any appeals that you may need in order to get the benefits you deserve.
Most VA disability lawyers do not charge for consultations. The government also pays the lawyer directly from the amount of retroactive benefits. This is one of the benefits of the Equal Access to Justice Act. The amount of retroactive past due benefits your lawyer will receive should be clearly stated in your fee agreement. A fee agreement could stipulate for instance that the government would pay the attorney 20 percent of retroactive benefits. The attorney is responsible for any additional costs.
Can I Garnish My VA Benefits?
When disabled veterans receive compensation from the VA it is received in the form of monthly payments. The purpose of the payments is to help offset the effects of disabilities, diseases or injuries sustained or aggravated by a veteran's military service. Like other income sources, veterans disability benefits can be subject to garnishment.
Garnishment allows a court order that an employer or government agency stop money from the pay of a person who owes the debt and pay it directly to a creditor. In the case of a divorce, garnishment can be used to pay spousal support or child support.
There are certain situations where veterans' benefits could be encashable. The most frequent scenario involves veterans who have waived their military retirement in order to receive disability compensation. In these situations, the portion of the pension that is attributed to disability benefits can be garnished for family support obligations.
In other situations veterans' benefits could be seized to pay medical expenses or past-due federal student loans. In these instances the court might be able to direct the case to the VA to get the required information. It is vital for disabled veterans to work with a reputable attorney to ensure that their disability benefits are not being snatched away. This can prevent them from relying on payday lenders and private loans.
Can I Represent Myself in a Divorce Case?
VA disability settlements can be an enormous benefit for veterans and their families, but they come with their own set of complications. For instance, if a veteran gets divorced and receives an VA disability settlement, they should know how this could affect their benefits.
One of the major issues in this regard is whether disability payments are considered divisible assets in a divorce. This question has been resolved in two ways. A Colorado court of appeals ruling declared that VA disability payments were not property and therefore could not be divided this way. Another way is through an U.S. Supreme Court ruling in Howell which ruled that garnishing the veteran's VA disability benefits to pay for Alimony is against the Uniformed Services Former Spouses Protection Act (USFSPA).
Another concern related to this issue is the handling of disability benefits for child maintenance and support. The USFSPA and the Supreme Court both forbid states from counting disability benefits as income to be used for this purpose. However, some states have taken the opposite approach. For instance, Colorado adds up all sources of income to determine how much in support a spouse requires and then adds disability payments to take into account that they are tax free.
Finally, it is important for veterans to understand how their disability compensation will be affected when they get divorced and how their ex-spouses may garnish their compensation. By knowing about these issues, veterans can protect their earnings and avoid any unwanted consequences.
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