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So, if you waived your retirement pay to get your VA benefit, your benefit can be garnished.
Dear Alexia, thank you for your research. I am familiar with the Rose decision, and I think you did as good a job answering my question as I did asking it. :)
Here is the deal: My wife, who has a Master's Degree - and is now seeking her third degree - is divorcing me. She has never worked a day in her life, and she doesn't want to, either....so, she moved out, left the children with me, but wants to take a chunk of my VA compensation.
Since she will no longer be my "Family", for which VA compensation is intended, what would be my best argument in Court to have compensation NOT counted for income calculations?
Since she will no longer be my "Family", for which VA compensation is intended Actually, that includes alimony, i.e. former spouses.
, what would be my best argument in Court to have compensation NOT counted for income calculations? That would depend on the court, and caselaw of that jurisdiction. You may be able to find appealed cases where one side made an argument (probably unsuccessfull given the definition of income), but worth looking into just in case. Because I can't imagine why certain income would not be considered as income, since it is what it is. That is why the law tends to be as it is. (Of which I can not access fully without a subscription, which lawyers and nonlawyers alike can get.) However, a better argument may be that she has an income potential of XXX (if need be, get an expert witness of the variety that talks about what a person can be expected to earn given a certain credential, should she seek work) that should be IMPUTED to her. She is voluntarily unemployed. It will likely exceed or meet YOUR income (from all sources), and thus perhaps you can ask for support from HER, since you disabled/unable to work and she is not. Not to mention, child support from her. Unless she is "older" and one can't expect her to work after all these years, at the very least, a min. wage income should be imputed. But I'd push for the Masters level job. Also, if she has wealth (i.e., again how did she pay for school), that can come into play against the need for alimony.
But, if you insist on arguing that your VA income is not income for calculations purposes, then just go with what you said... she is not family. It won't fly though, and may not look so good. Really, if that was a reason, then my working income shouldn't be counted as income because hey, he is not my family anymore. That really isn't the question though. I'd fight this on the actual merits, if you have them. If you are a millionaire and she has nothing but her laziness AND she did stay married a long time AND raised the kids, probably won't work, but if not, I find it the best shot on the realities and the merits.
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