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How a Veterans Disability Settlement Can Affect a Divorce Case
Jim's client, a 58-year-old man is permanently disabled as a result of his military service. He receives a monthly Pension benefit from the Department of Veterans Affairs.
He wants to be aware of whether a verdict by a jury will affect his VA benefits. The answer is that it will not. It will, however, have an impact on the other sources of income he earns.
Do I have the right to receive compensation for an accident?
You could be eligible for a settlement if were a soldier but are now permanently disabled because of injuries or illnesses. This settlement can assist in compensating you for medical bills, lost income and other expenses resulting from your injury or sickness. The type of settlement that you can receive will depend on whether your injury or illness is service-connected, what VA benefits you are eligible for, and the cost to treat your injury or accident.
Jim, a 58-year old Vietnam veteran was diagnosed with permanent disabilities as a result of his two years of service. Jim does not have enough space for work to qualify for Social Security Disability benefits, however, he is able to claim a VA Pension that provides free medical treatment and cash according to his financial need. He wants to learn what the implications of a personal injury settlement will affect his eligibility to receive this benefit.
The answer is contingent upon whether the settlement is in the form of one lump sum or a structured settlement. Structured settlements are payments made over a time period rather than in a single payment, and the amount paid by the defendant is calculated to offset any existing VA benefits. However, a lump sum settlement will probably alter any existing benefits as the VA considers it to be income and will annually calculate it. If Jim has surplus assets after the settlement has been annualized then he is eligible to be eligible for the pension benefit. However the assets must be below a minimum threshold that the VA has determined to be a financial necessity.
Do I need to hire an Attorney?
Many spouses, members of the military and former spouses have concerns about VA disability benefits and their impact on money issues in divorce. Some people believe, among other things, that the Department of veterans disability attorney Affairs compensation payments can be divided like the military retirement in divorce cases, or that they're "off limits" when it comes to calculating child support and alimony. These misconceptions may lead to grave financial errors.
While it is possible to do an initial claim for disability benefits by yourself, the majority of disabled veterans require the assistance of a professional attorney. A veteran's disability attorney can examine your medical records to gather the necessary evidence to present a convincing argument before the VA. The lawyer will also be able to file any appeals you may require to secure the benefits you're entitled.
Furthermore, the majority of VA disability lawyers don't charge fees for consultations. In addition the lawyer will usually be paid by the government directly out of your retroactive past due benefits. This is one of the benefits of the Equal Access to Justice Act. Your fee agreement should clearly specify the percentage of retroactive benefits to be paid to your lawyer. For example the fee agreement could state that the government will pay the attorney up to 20% of the retroactive benefits or give. Any additional amounts will be your the responsibility of the attorney.
Can I Garnish My VA Benefits?
When disabled veterans receive compensation from the VA the compensation is paid in the form of monthly payments. The payments are meant to compensate for some of the effects of diseases, disabilities or injuries incurred during or aggravated due to a veteran's military service. The benefits for veterans' disability are subject to garnishment, just like any other income.
Garnishment permits a court order that an employer or government agency stop money from the wages of a person who is in the process of paying an amount and then pay it directly to a creditor. In the case of a divorce, garnishment may be used to pay for spousal support or child support.
There are a few circumstances where a veteran's disability benefits are able to be refunded. Most common is the veteran who has waived his military retirement in order to receive disability compensation. In these instances the part of pension that is allocated to disability compensation can be garnished to pay for family support obligations.
In other instances it is possible for a veteran's benefits to be seized to pay medical expenses or past-due federal student loans. In these situations the court might be able to go straight to the VA to obtain the necessary information. It is essential for disabled veterans to work with a reputable attorney to ensure that their disability benefits are not taken away. This will allow them to avoid having to depend on private loans and payday lenders.
Can I Represent Myself in a Divorce Case?
VA disability settlements are a great help to veterans as well as their families. However they also come with their own set complications. If a veteran gets divorced and receives an VA settlement and is eligible, they should know what this will do to the benefits they receive.
One of the major issues in this context is whether or not the 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 could not be divided this way. The other way is by the U.S. Supreme Court ruling in Howell that held that garnishing the veteran's VA disability benefits to pay for an alimony payment is a violation of the Uniformed Services Former Spouses Protection Act (USFSPA).
Another issue related to this topic is how the disability benefits are interpreted to determine child support and maintenance. Both the USFSPA, as well as the Supreme Court, prohibit states from claiming disability benefits as income. Certain states use different methods. Colorado for instance takes all income sources together to determine the amount required to support a spouse and then adds on disability payments in order to take into account their tax-free status.
It is also important that veterans are aware of how divorce can affect their disability benefits and how their ex spouses could take advantage of their compensation. By being aware of these issues, veterans can protect their income and avoid unwanted consequences.
Jim's client, a 58-year-old man is permanently disabled as a result of his military service. He receives a monthly Pension benefit from the Department of Veterans Affairs.
He wants to be aware of whether a verdict by a jury will affect his VA benefits. The answer is that it will not. It will, however, have an impact on the other sources of income he earns.
Do I have the right to receive compensation for an accident?
You could be eligible for a settlement if were a soldier but are now permanently disabled because of injuries or illnesses. This settlement can assist in compensating you for medical bills, lost income and other expenses resulting from your injury or sickness. The type of settlement that you can receive will depend on whether your injury or illness is service-connected, what VA benefits you are eligible for, and the cost to treat your injury or accident.
Jim, a 58-year old Vietnam veteran was diagnosed with permanent disabilities as a result of his two years of service. Jim does not have enough space for work to qualify for Social Security Disability benefits, however, he is able to claim a VA Pension that provides free medical treatment and cash according to his financial need. He wants to learn what the implications of a personal injury settlement will affect his eligibility to receive this benefit.
The answer is contingent upon whether the settlement is in the form of one lump sum or a structured settlement. Structured settlements are payments made over a time period rather than in a single payment, and the amount paid by the defendant is calculated to offset any existing VA benefits. However, a lump sum settlement will probably alter any existing benefits as the VA considers it to be income and will annually calculate it. If Jim has surplus assets after the settlement has been annualized then he is eligible to be eligible for the pension benefit. However the assets must be below a minimum threshold that the VA has determined to be a financial necessity.
Do I need to hire an Attorney?
Many spouses, members of the military and former spouses have concerns about VA disability benefits and their impact on money issues in divorce. Some people believe, among other things, that the Department of veterans disability attorney Affairs compensation payments can be divided like the military retirement in divorce cases, or that they're "off limits" when it comes to calculating child support and alimony. These misconceptions may lead to grave financial errors.
While it is possible to do an initial claim for disability benefits by yourself, the majority of disabled veterans require the assistance of a professional attorney. A veteran's disability attorney can examine your medical records to gather the necessary evidence to present a convincing argument before the VA. The lawyer will also be able to file any appeals you may require to secure the benefits you're entitled.
Furthermore, the majority of VA disability lawyers don't charge fees for consultations. In addition the lawyer will usually be paid by the government directly out of your retroactive past due benefits. This is one of the benefits of the Equal Access to Justice Act. Your fee agreement should clearly specify the percentage of retroactive benefits to be paid to your lawyer. For example the fee agreement could state that the government will pay the attorney up to 20% of the retroactive benefits or give. Any additional amounts will be your the responsibility of the attorney.
Can I Garnish My VA Benefits?
When disabled veterans receive compensation from the VA the compensation is paid in the form of monthly payments. The payments are meant to compensate for some of the effects of diseases, disabilities or injuries incurred during or aggravated due to a veteran's military service. The benefits for veterans' disability are subject to garnishment, just like any other income.
Garnishment permits a court order that an employer or government agency stop money from the wages of a person who is in the process of paying an amount and then pay it directly to a creditor. In the case of a divorce, garnishment may be used to pay for spousal support or child support.
There are a few circumstances where a veteran's disability benefits are able to be refunded. Most common is the veteran who has waived his military retirement in order to receive disability compensation. In these instances the part of pension that is allocated to disability compensation can be garnished to pay for family support obligations.
In other instances it is possible for a veteran's benefits to be seized to pay medical expenses or past-due federal student loans. In these situations the court might be able to go straight to the VA to obtain the necessary information. It is essential for disabled veterans to work with a reputable attorney to ensure that their disability benefits are not taken away. This will allow them to avoid having to depend on private loans and payday lenders.
Can I Represent Myself in a Divorce Case?
VA disability settlements are a great help to veterans as well as their families. However they also come with their own set complications. If a veteran gets divorced and receives an VA settlement and is eligible, they should know what this will do to the benefits they receive.
One of the major issues in this context is whether or not the 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 could not be divided this way. The other way is by the U.S. Supreme Court ruling in Howell that held that garnishing the veteran's VA disability benefits to pay for an alimony payment is a violation of the Uniformed Services Former Spouses Protection Act (USFSPA).
Another issue related to this topic is how the disability benefits are interpreted to determine child support and maintenance. Both the USFSPA, as well as the Supreme Court, prohibit states from claiming disability benefits as income. Certain states use different methods. Colorado for instance takes all income sources together to determine the amount required to support a spouse and then adds on disability payments in order to take into account their tax-free status.
It is also important that veterans are aware of how divorce can affect their disability benefits and how their ex spouses could take advantage of their compensation. By being aware of these issues, veterans can protect their income and avoid unwanted consequences.
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