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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 37619
Experience:  I provide family and divorce law advice to my clients in my firm.
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I REALLY NEED THE ANSWER TO THIS: Is the Veterans Disability

Resolved Question:

I REALLY NEED THE ANSWER TO THIS: Is the Veterans Disability Protection Act of 2012 passed? It my understanding that a veterans disability cannot be counted as income in a divorce. This act is protect the veteran in lots of ways - for it to be taken in alimony payment is mainly why I am asking this. Thanks - I am in the State of Tennessee.
Submitted: 2 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your question.

I do not see the Veterans Disability Protection Act of 2012 passed. I do see Veterans Disability Protection Act of 2010 has passed, but even so state rules can be utilized as a means of having certain benefits as deemed marital, even if on a federal level those benefits should not be pursued. Plus, even under federal law VA disability payments count as income for the purpose of calculating child support and maintenance such as alimony.

Good luck.
Customer: replied 2 years ago.
So has the Veterans Disability Protection Act passed - you said you didn't see where it did - then you did see where it did? When in the year of 2010 did it pass? As far as being married I was receiving my disability before I was married to this woman I am inquiring about - we are getting a divorce and she has tried every trick in the book to -steeling checks, opening my mail by having it diverted to her POB - you name it.
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your follow-up.

The Act has indeed passed, and is located in USC Title 38 Section 5301, et. seq. However if you read the Act while it does protect benefits from most types of garnishment, 5301(a)(1) specifically states "...except the extent specifically authorized by law." That means that certain assignments (such as for back taxes or for child support or alimony) ARE still permitted. You are free to review the language for yourself, as I will link you below to the first part of the Act, but be aware that this is not a blanket exemption for veterans.

http://www.law.cornell.edu/uscode/html/uscode38/usc_sec_38_00005301----000-.html

Good luck.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 37619
Experience: I provide family and divorce law advice to my clients in my firm.
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