How a Veterans Disability Settlement Can Affect a Divorce Case
Jim’s 58 year old client is permanently disabled due to his time in the military. He gets a monthly pension from the Department of Veterans Affairs.
He would like to know how the verdict of a jury will impact his VA benefits. The answer is not. However, it could have an impact on his other sources of income.
Do I have the right to receive compensation in the event of an accident?
If you’ve been in the military and are now permanently disabled because of injuries or illnesses, you could be eligible for a long beach veterans disability law firm disability settlement. This settlement could help you get compensation for medical expenses, lost wages, and other costs resulting from your illness or injury. The type of settlement that you will receive will depend on whether your illness or injury is a result of a service connection, the VA benefits you are eligible for, and the cost to treat your accident or injury.
For example, Jim is a 58-year old veteran who was diagnosed with permanent disabilities after two years of service during the Vietnam War. He does not have enough work space to be eligible for Social Security disability benefits but He does have a VA Pension benefit which provides cash and free medical assistance dependent on financial need. He would like to be aware of whether a personal injury settlement would affect his ability get this benefit.
The answer is dependent on whether the settlement is a lump-sum or a structured one. Structured settlements are payments made over a time period rather than in a single payment and the amount received by the defendant is calculated to offset any existing VA benefits. In contrast, a lump sum settlement will probably affect any existing benefits because the VA considers it to be income and will annually calculate it. If Jim has surplus assets after the settlement is annually adjusted the applicant can apply again to be eligible for the pension benefit. However the assets he has to be less than a certain threshold that the VA has agreed establishes financial necessity.
Do I need to hire an Attorney?
Many spouses, members of the military, and former spouses have questions about VA disability benefits and their effect on financial issues during divorce. Some people believe, among other things, that Department of Veterans Affairs compensation payments are split like the military retirement in divorce cases or that they’re “off limits” in calculating child support and Alimony. These misconceptions could lead to financial mistakes that have serious repercussions.
It is possible to submit an application for disability benefits by yourself However, most disabled veterans will require the help of a skilled lawyer. A veteran’s disability attorney can review your medical records to gather the evidence required to present a convincing case in front of the VA. The lawyer will also be able to file any appeals you may require to obtain the benefits you’re entitled to.
The majority of VA disability lawyers don’t charge for consultations. The government also pays the lawyer directly from your award of retroactive benefits. This is an advantage of the Equal Access to Justice Act. The fee agreement should clearly state the percentage of retroactive benefits that will be paid to your lawyer. For example an agreement on fees could state that the government will pay the attorney up to 20% of the retroactive benefits or give. You are responsible for any additional costs.
Can I Garnish My VA Benefits?
When disabled veterans receive compensation from the VA it is in the form of monthly payments. These payments are designed to offset the effects of injuries, diseases or disabilities that have been sustained or worsened during the veteran’s service. The veterans disability benefits are subject to garnishment, just like any other income.
Garnishment allows a court order that an employer or government agency deduct money from the pay of a person who is in the process of paying an amount and then pay it directly to a creditor. In the event of divorce, garnishment may be used to pay spousal support or child support.
There are situations where Vero Beach Veterans Disability Lawsuit‘ benefits could be repaid. The most frequent is the veteran who renounced his retirement from the military in order to receive disability compensation. In these instances the portion of the pension that is attributed to disability benefits could be garnished to meet family support obligations.
In other cases, a veteran’s benefits may also be garnished in order to pay medical expenses or federal student loans that are over due. In these cases the court could go directly to the VA for the information they require. It is crucial for a disabled veteran to find a competent 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 can be an enormous benefit for rancho mirage veterans disability attorney and their families, but they come with their own set-of complications. For example, if a veteran gets divorced and receives a VA disability settlement, they need to know how this will affect their benefits.
One of the major issues in this regard is whether disability payments are considered to be divisible assets in a divorce. This issue has been addressed in a variety of ways. A Colorado court of appeals decision declared that VA disability payments were not property and therefore could not be divided in this manner. The U.S. Supreme Court ruled in Howell that garnishing a veteran’s VA disability benefits for an alimony payment was a violation of USFSPA.
Another issue that is related to this issue is the treatment of disability benefits to children for support and maintenance. The USFSPA and the Supreme Court both forbid states from counting disability payments as income for these purposes. Certain states take different approaches. Colorado for instance adds all sources of income together to determine the amount required to support a spouse and then adds disability income in order to account for their tax-free status.
It is also important for veterans to know how their disability benefits will be affected if they get divorced and how their ex-spouses can affect their compensation. By being informed about these issues, vets can ensure their compensation and avoid the unintended consequences.