Family Matters

Resources on divorces, child support, adoption, custody, domestic violence, and estate planning.

Child Support

Question:

Sir,

Can they consider my VA Disability compensation as income for child support?

 

Jim's Reply:

Yes, absolutely. Your disability income is awarded to you so you can support yourself and your family. Divorce doesn't end that responsibility and your VA disability income will be counted toward the total of your yearly income as the divorce court makes decisions. 
 

There are many rumors on-line about how VA disability income is protected and such, none of it true. If you don't report your disability income to the court you may be sanctioned for that. If you fall behind on child support or alimony payments your VA disability payment may be apportioned (garnished) to pay arrearages.
 

The simple fact is that you owe your children all you can give, the child support is only the start. Pay it proudly. Good luck.

 

 

 

Divorce

Question:

I am currently in the process of arriving to my first duty station and currently my wife and kids are located in New York. The issue is, according to strict New York laws, my wife cannot move with her daughter without court approval. I would like to know if there's more information regarding this and being an active duty military member, what can I do to ensure that process doesn't take a long time and the move is smooth?

 

Jim's Reply:

I'm going to assume that your wife has an order from a New York divorce court that specifically says that she is not allowed to remove the child from the state of New York with the permission of the court. That isn't so much a product of a "strict New York law", as you say, it's a pretty standard stipulation to many divorces in every state where there are children involved.

There's nothing at all that you can do. No concessions will be made because of your military status. You have zero standing in any of this unless you have formally adopted the child in question.

This isn't about you. This is about the child and the ability of that child to maintain reasonable contact with the other parent in a stable and safe environment.

You should understand that many don't think it's a great idea to take a child from their usual civilian environment into a military lifestyle. Many young people enter the military and raise families within the military lifestyle and that most often works well. However, when children who are older are transferred into the life of the military family, they may not do as well and the court will consider all that as the court decides any custody issues.

The mother of the child must file with the appropriate court and seek a modification of the existing stipulation that restricts travel. The father who is sharing custody, paying child support and who likely has visitation rights and court assigned schedules may or may not object to any actions to remove the child from the current situation. The father has rights, you don't. The court will decide what to do with a modification of custody and visitation schedules now that mom has remarried and wants to move.

You should be aware that your situation isn't all that unusual. I've seen this happen any number of times as has your new command. If your spouse doesn't take care of this formally and long before she joins you and in the appropriate court, and you and she decide to just move the child along with you to your new duty station, if and when this is brought to the attention of your new command, it won't be news well received.

No duty station is happy when the new soldier shows up with baggage. The less your new command hears of this the better.

A stipulation that a child can't leave the state without the permission of the court is a legit court order. Removing the child from New York without the written permission of the court places the parent in jeopardy of being in contempt of court and penalties can be harsh. Take care of this before making any other moves. This is a good time to cross t's and dot i's to ensure you've got it done right.

Good luck.

 

 

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Calculating Military Retirement Pay

The Department of Defense has created a special website page to help individuals calculate how much military retirement pay will be available to them.

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Benefits Discharge List

Many benefits are available to veterans after separation from the military. However, these benefits often depend on the type of discharge status received.
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Conversation with Veteran Advocate Jim Strickland on Legal Talk Network

Listen to podcast.

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Where to find Social Service Providers

A partial listing of non-legal advocates and social service providers that may be able to help you with the challenges you're currently facing. These national networks should offer you a good starting point to find the help you need.
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The American Veterans and Servicemembers Survival Guide

The Veterans and Servicemembers Survival Guide is a detailed 600 page guide originally printed in 2009. Read more to access the guide and learn more about what it has to offer.

Paperwork for complicated divorce?

Question:

Hi Jim, I’m currently going through a divorce and I’m at a loss as to where to look for denial of paternity paperwork I signed for eons ago in Texas. I don’t have a lawyer and am doing all the foot work myself. Would you have any idea where to get this paperwork? P.S. I’ve tried the hospital, vital statistics, and attorney generals child support office. They can see the paperwork, but they can’t give it to me.

 

Jim's Reply:

This is a new one on me and I've done just a bit of research and it appears that the Texas Department of Vital Statistics isn't required to provide you with any data.

See Sec. 160.412.  at  https://statutes.capitol.texas.gov/Docs/FA/htm/FA.160.htm#160.307

That's about all I have to offer. You really need to speak with an attorney before you get over your head with a DIY divorce. I'm all for no fault and DIY until a complication is known and then you need to bring in an expert.

Good luck.

 

Married with Benefits

Question:

Jim,

I am 65, have been on TDIU P&T for 10 years, and am considering getting married. I know the 10 year and married thing for DIC, my question is does my spouse rate my 100% or not in the event of my death? Thanks a lot!

 

Jim's Reply:

A surviving spouse does not receive a 100% rated veterans benefits at the time of his death. Depending on the circumstances the surviving spouse may be eligible for the DIC benefit

For your spouse to be eligible you'll need to have been married at least one year. Since you've been rated as 100% for over ten years you can die of any cause and she'll be eligible.

 

P.S. From StatesideLegal:

Here is a great page on StatesideLegal that explains eligibility for DIC.  We hope this helps and wish you the best of luck!

Blue Water benefits for a spouse of a deceased veteran?

Question:

Jim, I have a friend who died of a heart attack a few years ago. I believe he was a Blue Water vet. If that's the case, can his wife apply for any kind of VA benefits? Thanks for your help.

 

Jim's Reply:

Maybe, maybe not. If there is proof your friend was Blue Water Navy and if you can produce documentation that the cause of death was a heart attack caused by ischemic heart disease then there is a very slight possibility of a claim developing from that. But I'd have to give the chances of something coming together at this late date as very slim indeed. There's never any harm in trying so go for it.

Good luck.