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Benefits - Issues on Benefits
Disability Benefits for the Ex Spouse? No Freakin Way!
Recently I received this question from a veteran about Ex-Spouses and how they are getting benefits awarded to them by courts even the law says they are not entitled.
1. Why does Social Security Disability and Veterans Disability Benefit Eligibility for spouses stop upon divorce?
These Federal Organizations claim that an ex-spouse is not entitled to receive Disability Benefits from the disabled veteran as of the last day of the month in which the divorce is granted. Congress has passed bills to protect these benefits from being turned over to ex-spouses. U.S. Supreme Courts have found that Federal Law precludes State's from usingthese Disability Benefits to calculate amount of spousal support to beordered by clarifying that "Only Disposable Income from Military Retirementand/or Retained can be used to calculate spousal support". That if Disposable Retirement or Retainer pay has been used to calculate "spousal support" and the Veteran does not meet his obligation then Social Security Disability Benefits can be garnished.
2. How is it that Divorce courts in a number states are getting by with ordering these Disabled Veterans to pay "Spousal Support from Veterans Disability Benefits" and are getting by with it and are being allowed to garnish Social Security Disability Benefits when attorney's tell the Veteran's that because of Federal law courts can't do this?
3. How is it that the courts are being allowed to do this and NO ONE is willing to help the Veterans that are the ones that fought for their country and were injured in the line of duty?
In response, The Department of Veterans Affairs says
"We cannot speak for Social Security but upon divorce, the spouse is removed form the veteran's award. Divorce decrees differ by state and I advised you to check with a divorce lawyer in your state to see if VA disabilities benefits can be garnished. Thank you for contacting us. If you have questions or need additional help with the information in our reply, please respond to this message. If at some future time we can help you on a different subject, you may submit a new inquiry at
https://iris.va.gov, call us toll free at 1-800-827-1000, or visit our web site at
www.va.gov.
Hum?
CHECK OUT WHAT THIS VETERAN JUST SAID ABOUT THIS ISSUE
The trouble is the state level, and county level family courts have perverted the laws, leaving the Vet standing , with an empty bag, while the EX-spouse spends his hard earned disability on her latest "Dick".
She did not earn it ... and does not deserve it! She was not in the foxhole, or on the gun mount, or in the parachute that failed to open.
What do you think?
