VA Disability Pension
Can alimony or child support be taken out of an individual’s VA disability pension?In many cases, it is not possible for alimony or child support cannot be ordered to be taken directly out of an individual’s VA disability pension. However an individual’s VA disability may be used in the determination of how much an individual has to pay. For example if an individual receives $1500 from their VA disability pension and $1500 from other source, their income would be considered $3000, this amount can be used to determine what the individual will have to pay for things such as alimony or child support.
Will receiving social security disability have any impact on an individual’s VA disability pension?If an individual is eligible to receive social security disability and begins to receive it, while at the same time receiving a VA disability pension, in many cases it will have no effect on the individual’s VA disability pension. Depending on the situation the individual will not see any decrease or change to their VA disability pension from the receipt of social security disability.
Is a VA disability pension considered to be income in regards to bankruptcy?A lot of time, VA disability pension is considered to be income when it comes to bankruptcy. This means that an individual’s VA disability pension will be considered income in regards to the means test. However the bankruptcy trustees are unable to collect from the VA disability pension as it is bankruptcy safe.
If a veteran is married when they are filing for VA disability pension and are divorced when it is approved, is the divorced spouse entitled to any of the money?In many situations, the divorced spouse has not right to the VA disability pension. It is also important to note that the state divorce court does not have the authority or the ability to divide the disability pension.
Is VA disability pension taxable?Depending on the situation an individual’s VA disability pension is not taxable. It is important to note that if an individual is receiving a military pension, that pension is taxable. In the past individuals who had a military pension, have waived their military pension to just receive their VA disability pension and not have to pay taxes.
An individual’s VA disability pension is considered to be income, and as such is figured in with other forms of income when it comes to alimony, child support, and the means test for bankruptcy. It is important to note that bankruptcy trustees are unable to take an individual’s VA disability pension; a VA disability pension is bankruptcy safe. If an individual has any questions regarding VA disability pension they are able to ask the Experts.