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socrateaser
socrateaser, Lawyer
Category: Family Law
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Experience:  Retired (mostly)
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I am in a domestic partnership....we have been separated since

Customer Question

I am in a domestic partnership....we have been separated since sep of last yeary.... ex was suppose to file the paperwork but since then I recieve additional income from va disability....now my ex wont file the paper till I give her money and wants to sue me for support....what are my rights
Submitted: 1 year ago.
Category: Family Law
Expert:  socrateaser replied 1 year ago.
Hello,

In which state did you reside while married?

In which state do you reside now?

In which state does your ex reside?

In which state was your domestic partnership originally registered?

Thanks in advance.
Customer: replied 1 year ago.

california

Expert:  socrateaser replied 1 year ago.
Title 38 VA disability cannot be divided by a state family court. It belongs only to the military veteran. However, a domestic partner can attempt to obtain spousal support as part of the dissolution of the partnership. If the court orders spousal support, then the veteran still has a defense, because VA disability cannot be attached by any legal process of a state court -- until it is deposited into a bank account. So, if you have your disability sent to you by check, then you could cash it and avoid having to pay anything.

It would be better to try to settle this matter than to play "cat and mouse." However, if you have to play games, you have a lot of leverage to do so, because of the unique character of VA disability benefits.

Hope this helps.

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