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 is able to receive a monthly pension from the Department of Veterans Affairs.

He wants to know how the verdict of a jury will affect his VA benefits. It will not. But it will have an impact on the other sources of income he has.

Can I get compensation for an accident?

If you've served in the military, gokseong.multiiq.com and are permanently disabled due to injuries or illnesses, you may be eligible for a veterans disability law firm disability settlement. This settlement can assist in compensating you for medical bills, lost income, and other expenses that resulted from your illness or injury. The type of settlement you are eligible for will depend on whether or not your illness or injury is service-related, what VA benefits you are eligible for, and the cost to treat your injury or accident.

Jim is a 58 year veteran of the Vietnam war, was diagnosed as having permanent disabilities due to his two years of service. Jim does not have enough space for work to qualify for Social Security Disability benefits, however, he does have the VA Pension, which provides cash and medical care for free according to his financial need. He would like to determine if a personal accident settlement would affect his eligibility to be eligible for this benefit.

The answer is contingent upon whether the settlement is a lump sum or a structured one. Structured settlements are payments made over a long period of time instead of in one payment, and the amount paid by the defendant is used to offset any existing VA benefits. A lump sum payment will likely impact any benefits already in place because the VA considers it income and will annualize it. In any event, if extra assets are left after the twelve-month period when the settlement is annualized, Jim could apply again for the Pension benefit, but only if his assets are less than a minimum threshold that the VA is able to agree establishes financial need.

Do I really need to hire an Attorney?

Many spouses, military personnel and former spouses have concerns about VA disability payments and their impact on financial issues during a divorce. Some people think, for instance, that the Department of Veterans Affairs compensation payments can be split as an army retirement in divorce proceedings or that they're "off limits" in calculating child support and Alimony. These misconceptions could lead to financial mistakes which can have serious consequences.

It is possible to submit an application for disability benefits by yourself, but most disabled veterans would benefit from the assistance of a qualified lawyer. A qualified veteran's disability lawyer will review your medical documents and gather the required evidence to present a strong case to the VA. The lawyer can also help to make any appeals you require to receive the benefits you're entitled to.

Most VA disability lawyers do not charge for consultations. In addition the lawyer will typically be paid by the government directly out of your award of retroactive past-due benefits. This is an advantage of the Equal Access to Justice Act. Your fee agreement should clearly specify the amount of retroactive benefits that will be paid to your lawyer. A fee agreement may stipulate that, for instance, the government will provide the attorney with 20 percent of retroactive benefits. Any additional amount is your obligation.

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 funds are intended to compensate for some of the effects of disabilities, diseases, or injuries sustained during or aggravated by a veteran's military service. Like all income, the veterans disability law firm disability benefits could be subject to garnishment.

Garnishment can be a legal proceeding that permits a court to require an employer or government agency to take money from the pay of an employee who owes money and transfer them directly to a creditor. In the event of divorce, the garnishment could be used for child or spousal maintenance.

There are a few situations where disability benefits are able to be repaid. The most frequent is the veteran who waived his retirement from the military in order to receive disability compensation. In these instances, the portion of the pension apportioned to disability pay can be garnished for family support obligations.

In other cases veterans' benefits could be garnished to pay for medical expenses or past due federal student loans. In these cases the court can go directly to the VA for the information they require. A disabled veteran should employ an experienced attorney to safeguard their disability benefits. This will allow them to avoid being forced to rely on payday loans and private loans. lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be an enormous help for veterans and their families, but they're not without their own set-of complications. For instance, if a veteran gets divorced and receives an VA disability settlement, they must be aware of what effect this will have on the benefits they receive.

One of the major issues in this context is whether disability payments count as divisible assets in divorce. This issue has been addressed in a couple of ways. One option is a Colorado court of appeals decision that found that VA disability payments are not property and cannot be divided in this way. Another way is through an U.S. Supreme Court ruling in Howell which ruled that garnishing a veteran's VA disability payments to pay for alimony is a violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another issue that is related to this issue is the treatment of disability benefits for child support and maintenance. Both the USFSPA and the Supreme Court, prohibit states from claiming disability benefits as income. Certain states use a different approach. Colorado, for example, adds all income sources together to determine the amount needed to support a spouse and then adds on disability payments in order to take into account their tax-free status.

In the end, it is crucial for veterans to know how their disability benefits will be affected if they become divorced and how their ex-spouses can garnish their compensation. By being aware of these issues, veterans can protect their income as well as avoid any unintended consequences.