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Attorney2
Attorney2, Attorney
Category: Family Law
Satisfied Customers: 5866
Experience:  28 Years Experience in Family Law
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Exclusively :OK Mr Phillips, let me try

Customer Question

Exclusively For PhillipsEsq:
OK Mr Phillips, let me try a different approach. As stated in my "mediation" by a retired judge and several times afterwards as the gospel by family court lawyers, "VA Disability Compensation is not community property, however it can be used in computing total income" I have asked one and all to quote me chapter and verse, NRS, rules of law, whatever here in the state of Nevada that states this in black and white, on paper, and not one single living soul has been able to do so!!
It is not logical!! How can you say it is NOT community property, then stick it back into the mix to be used to pay out each month? If the VA Disability Compensation is a cantalope and is set aside, out of sight, because it is NOT community property, then all you are left with is an apple for me (Social Security) and an apple for her (Social Security of about the same amount) then you are only talking about apples to apples!! You can not use the non-community property (the cantalope) as a divisible asset!! And that is what they are trying to do ... without a legal law to back it up!!! Only mumbo jumbo word of mouth! Correct? If I am wrong, show me in writing how I am wrong!
Submitted: 1 year ago.
Category: Family Law
Expert:  Phillips Esq. replied 1 year ago.
Hello: This is PhillipsEsq. I am a licensed Attorney and I will be assisting you today.
Exclusively For PhillipsEsq:
OK Mr Phillips, let me try a different approach. As stated in my "mediation" by a retired judge and several times afterwards as the gospel by family court lawyers, "VA Disability Compensation is not community property, however it can be used in computing total income" I have asked one and all to quote me chapter and verse, NRS, rules of law, whatever here in the state of Nevada that states this in black and white, on paper, and not one single living soul has been able to do so!!
It is not logical!! How can you say it is NOT community property, then stick it back into the mix to be used to pay out each month? If the VA Disability Compensation is a cantalope and is set aside, out of sight, because it is NOT community property, then all you are left with is an apple for me (Social Security) and an apple for her (Social Security of about the same amount) then you are only talking about apples to apples!! You can not use the non-community property (the cantalope) as a divisible asset!! And that is what they are trying to do ... without a legal law to back it up!!! Only mumbo jumbo word of mouth! Correct? If I am wrong, show me in writing how I am wrong!

Response: Regrettably, you are wrong. See Nevada Revised Statutes Chapter 125 Section 125.150 subsection 4:
http://law.justia.com/codes/nevada/2014/chapter-125/statute-125.150/
Customer: replied 1 year ago.

Then why is it that these same people tell me that a wife's judgement (award) from a trip and fall accident, whether in a lump sum or a structured settlement, is totally untouchable by a husband (defendant like me, a disabled veteran injured "before" I ever meet or knew her), yet my VA Disability Compensation is Free Game? I am sorry Mr Phillips, but the logic is really not passing the smell test here!!!!!!!! An injury is an injury!! It stinks and looks like the veteran is getting "screwed, blued and tatooed" as we used to say.

Expert:  Phillips Esq. replied 1 year ago.
I am sorry to be the bearer of bad news here. However, I can only provide information based on the current state of the law. You need to contact your Congressional Delegation and State Legislators for changes in the law.
I am going to opt out at this time and let another Expert to further assist you.
Kindly note that I do not get paid if you do not give a positive rating to my answers or if you do not rate my answers at all. The site administrator keeps 100% of your deposit. I have now answered two different posts for you and none has been rated.
Thank you for your cooperation.
Best wishes,
Expert:  Attorney2 replied 1 year ago.

Do you have any additional questions that previous attorney did not answer?

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