How a Veterans Disability Settlement Can Affect a Divorce Case
Jim's client, 58 years old, is permanently disabled from his service in the military. He is able to receive a monthly pension from the Department of Veterans Affairs.
He would like to know if a verdict of a juror will affect his VA benefits. The answer is that it will not. It will, however, affect his other sources of income.
Do I have the right to receive compensation for an accident?
If you have served in the military and are now permanently disabled because of injuries or illnesses, you may be eligible for a veterans disability settlement. This settlement can help you get compensation for medical bills, lost wages and other expenses resulting from your injury or illness. The kind of settlement you'll be able to get will depend on whether the health condition is non-service connected, the VA benefits you qualify for, and what your injury or accident will cost to treat.
For instance, Jim is a 58-year veteran who was diagnosed with permanent disabilities based on two years of service in the Vietnam War. He doesn't have enough work space to be eligible for Social Security Disability benefits, but he has the VA Pension which offers cash and medical treatment for free according to his financial need. He would like to learn how a personal injury
lawsuit can affect his ability to get this benefit.
The answer is contingent upon whether the settlement is a lump-sum or a structured one. Structured settlements require the payment of over time, rather than one lump sum payment. The amount paid by defendant is calculated to offset existing VA benefits. In contrast, a lump sum settlement will probably impact any benefits already in place because the VA considers it as income and will increase it. If Jim has extra assets after the settlement has been annualized and he wants to reapply, he will receive the Pension benefit. However the assets he has to be below a threshold the VA has set to establish financial necessity.
Do I require an attorney?
Many spouses, service members and former spouses are confused about VA disability compensation and the impact it has on financial issues in a divorce case. In addition, some people believe that the Department of Veterans Affairs' compensation payments are able to be divided as a military pension in divorce or are "off limits" in calculation of child support and alimony. These misconceptions can lead to financial mistakes which can have serious consequences.
While it is possible to make an initial claim for disability benefits by yourself, the majority of disabled
dumfries veterans disability lawyer benefit from the assistance of an experienced lawyer. An experienced veteran's disability lawyer will review your medical documents and gather the required evidence needed to build a strong argument to the VA. The lawyer can also file any appeals you might need to get the benefits you are entitled to.
In addition, the majority of VA disability lawyers do not charge fees for consultations. Additionally the lawyer will usually be paid by the government directly from your retroactive past-due benefits. This is a benefit of the Equal Access to Justice Act. The amount of retroactive past due benefits your lawyer will receive should be outlined in your fee agreement. For instance the fee agreement could provide that the government can pay the attorney up to 20% of retroactive benefits or award. Any additional amount is your to pay.
Can I Garnish My VA Benefits?
The VA pays monthly compensation to disabled veterans. These payments are designed to help offset the effects of disabilities, diseases, or injuries sustained during or aggravated by a veteran's military service. Like all income, the veterans disability benefits could be subject to garnishment.
Garnishment is a legal process that allows a court to make an order to an employer or government agency to withhold funds from the wages of a person who owes money, and then send them directly to an individual creditor. In the event of a divorce garnishment can be used for child or spousal support.
There are situations where a veteran's benefits can be garnished. The most frequent is the veteran who waived his military retirement to receive disability compensation. In these cases the amount of pension allocated to disability payments can be garnished to pay family support obligations.
In other instances veterans' benefits could be withdrawn to cover medical expenses or past due federal student loans. In these situations the court could go directly to the VA for the information they require. It is essential for a disabled veteran to hire a knowledgeable lawyer to ensure that their disability benefits aren't taken away. This can help them avoid having to rely on private loans and payday lenders.
Can I Represent Myself in a Divorce Case?
VA disability settlements can be a major aid to veterans and their families, however they come with their own set-of complications. If a person divorces and receives a VA settlement then they must be aware of what this might do to their benefits.
In this case one of the major issues is whether disability benefits are considered assets that can be split in a divorce. This issue has been addressed in a variety of ways. A Colorado court of appeals ruling decided that VA disability payments were not property and could not be divided this way. The U.S. Supreme Court ruled in Howell, that garnishing a veteran’s VA disability payments for an alimony payment was a violation of USFSPA.
Another concern related to this issue is the treatment of disability benefits to children for maintenance and
gurye.multiiq.com support. The USFSPA and the Supreme Court both forbid states from claiming disability benefits as income to be used for this purpose. However, some states have chosen to take an alternative approach. Colorado for instance adds all sources of income together to determine the amount required to support a spouse. It then adds disability payments in order to take into account their tax-free status.
Finally, it is important that
lafayette veterans disability attorney understand how their disability benefits will be affected if they become divorced and how their ex-spouses may garnish their compensation. By being aware of these issues, veterans can ensure the security of their earnings and avoid any unwanted consequences.