Question:
Hi! I am in Oregon. My husband divorced a few years ago. His ex wife constantly files new petitions and has child support modified. Her recent modification was Jan 2018 and after many delays in we have court next week. I have been referred by a fellow vet to Title USC section 5301. My husband currently receives Va disability and also his employment income. His attorney says Oregon law trumps the federal law so his disability money can be calculated. Is this correct??? He literally will make double her income if that’s the case and they want to recalculate it back til Jan 2018 which will put him about 10k + in retroactive arrears. Can you site any more information or give me any information about va disability NOT being used as income???
Jim's Reply:
No, 5301 is a constant rumor that floats around and causes a ton of trouble. There is a 5301 statute and it says that VA disability money can't be garnished for debts. However, VA disability money is awarded to a veteran to compensate for lost earnings due to the disabilities. VA disability income earnings are there to care for the family of the veteran and they are treated the same as any other earnings the veteran may have. Bringing up 5301 to a family court judge is a pretty good way to be admonished about who is the law expert in front of a gallery full of people so I'd avoid that were I him. Honesty and courtesy are the only acceptable policy in divorce court. We start with nothing but our credibility and if we give that up chasing a rumor heard from another vet, we have little to show the court. More info on divorce is here