AnonymousIV
Member
- May 18, 2011
- 297
- 17
- 16
I hate that song, have you heard it about a billion times already? Scuttlebutt says the states are going to make disabled veterans pay alimony, and it is said, they are over stepping federal law.
Here's the juiciest I can find:
Questioning why the VA continues to approve rubber stamping illegal state court ordered judgments, to reapportion, and therefore reduce a disabled veterans VA compensation payments in violation of federal law for alimony purposes, by a state court judge playing doctor? 4 USC 581.305 (c) the governmental entity shall inform the party who caused the legal process to be served, or the party's representative, that the legal process will not be honored.
Just Answer ~ Business Attorney ~ For Entertainment Purposes Only ~ Says:
The relevant way the section you quoted is written the critical question is whether the benefit is considered remuneration for employment. If the disability is considered remuneration for employment then it is subject to alimony and child support. Apparently, the VA has taken the position that it is. To challenge you would have to demonstrate through the Congressional record and prior legal precedent in the federal court whether the disability benefits are considered something different from compensation for employment. Disability arising from injury in combat or a combat zone may well not be considered in respect of employment but that would have to demonstrated to a federal court in the absence of a clear statement from the Congress or the VA.
Here's the juiciest I can find:
Questioning why the VA continues to approve rubber stamping illegal state court ordered judgments, to reapportion, and therefore reduce a disabled veterans VA compensation payments in violation of federal law for alimony purposes, by a state court judge playing doctor? 4 USC 581.305 (c) the governmental entity shall inform the party who caused the legal process to be served, or the party's representative, that the legal process will not be honored.
Just Answer ~ Business Attorney ~ For Entertainment Purposes Only ~ Says:
The relevant way the section you quoted is written the critical question is whether the benefit is considered remuneration for employment. If the disability is considered remuneration for employment then it is subject to alimony and child support. Apparently, the VA has taken the position that it is. To challenge you would have to demonstrate through the Congressional record and prior legal precedent in the federal court whether the disability benefits are considered something different from compensation for employment. Disability arising from injury in combat or a combat zone may well not be considered in respect of employment but that would have to demonstrated to a federal court in the absence of a clear statement from the Congress or the VA.
