How a Veterans Disability Settlement Can Affect a Divorce Case
Jim’s client, a 58-year-old man, is permanently disabled due to his military service. He receives a monthly pension from the Department of lebanon veterans disability law firm Affairs.
He wants to know if the verdict of a jury will impact his VA benefits. It will not. But it will have an impact on the other sources of income he has.
Can I receive compensation in the event of an accident?
You may be eligible for a settlement in the event that you were in the military but are now permanently disabled as a result of injuries or illnesses. This settlement could help you get compensation for medical bills, lost wages and other expenses resulting from your injury or illness. The type of settlement that you are eligible for will depend on whether your injury or illness is a result of a service connection, the VA benefits you qualify for, and the amount you will need to treat your accident or injury.
For instance, Jim is a 58-year veteran who was diagnosed with permanent disabilities after two years of service during the Vietnam War. He does not have enough space for work to qualify for Social Security Disability benefits, but he has the VA Pension, which provides cash and medical care for free according to his financial need. He would like to know if a personal injury settlement will affect his ability to get this benefit.
The answer is dependent on whether the settlement is in the form of a lump sum or a structured settlement. Structured settlements consist of payments over a period of time instead of one single payment. The amount paid by the defendant is calculated to offset the existing VA benefits. A lump sum payment will impact any existing VA benefits since the VA will annually assess and count it as income. If Jim has surplus assets after the settlement has been annualized, he can reapply to be eligible for the pension benefit. However his assets must be less than a certain threshold that the VA has set that establishes financial necessity.
Do I need to employ an attorney?
Many spouses, members of the military and former spouses have concerns about VA disability benefits and their impact on money issues during divorce. Among other things, some people think that the Department of Veterans Affairs’ compensation payments can be divided as a military pension in a divorce or that they are “off limits” in the calculation of child support and alimony. These misconceptions could lead to serious financial mistakes.
While it is possible to make an initial claim for disability benefits by yourself, the majority of disabled veterans get the assistance of a skilled lawyer. A disability attorney for st clair veterans disability attorney can examine your medical records in order to collect the evidence necessary to argue your case to the VA. The lawyer can also help to make any appeals you need to get the benefits you deserve.
Moreover, most VA disability lawyers don’t charge fees for consultations. In addition that the lawyer will normally be paid by the government directly out of your award of retroactive past-due benefits. This is a benefit of the Equal Access to Justice Act. The amount of retroactive past-due benefits that your lawyer will receive should be outlined in your fee agreement. For example, a fee agreement can state that the government will pay the lawyer up to 20% of the retroactive benefits or provide. You are responsible for any additional amounts.
Can I Garnish My VA Benefits?
If a disabled veteran is granted compensation from the VA it is in the form of monthly payments. These payments are designed to offset some of the effects of disabilities, diseases or injuries that are sustained or aggravated by a veteran’s military service. The winter Haven veterans disability attorney disability benefits are subject to garnishment as is any other income.
Garnishment permits a court order that an employer or government agency deduct money from the pay of a person who is in the process of paying the debt and pay it directly to a creditor. In the case of a divorce, garnishment can be used to pay spousal or child support or child support.
There are a few situations where disability benefits can be repaid. The most common scenario is that of a veteran who has renounced his retirement from the military in order to receive disability compensation. In these situations, the portion of the pension allocated to disability payments could be garnished to meet family support obligations.
In other circumstances the benefits of a veteran can be seized to pay medical expenses or past due federal student loans. In these cases the court might be able to direct the case to the VA to get the required information. A disabled veteran should hire an experienced attorney to safeguard their disability benefits. This will allow them to avoid having to depend on payday loans and private loans. lenders.
Can I Represent Myself in a Divorce Case?
VA disability settlements are a great assistance to veterans and their families. However, they come with their own set complications. For example, if a veteran gets divorced and receives an VA disability settlement, they must be aware of what this means for their benefits.
In this context one of the major issues is whether or not disability payments are considered assets that can be divided during a divorce. This issue has been addressed in a couple of ways. A Colorado court of appeals decision declared that VA disability payments were not property and could not be divided this way. Another way is through the U.S. Supreme Court ruling in Howell that held that garnishing the veteran’s VA disability benefits to pay for an alimony payment is a violation of the Uniformed Services Former Spouses Protection Act (USFSPA).
Another concern with this subject is the treatment of disability benefits for child maintenance and support. The USFSPA and the Supreme Court both forbid states from counting disability payments as income for these purposes. Certain states employ different methods. Colorado for instance adds all sources of income together to determine the amount needed to support a spouse. The state then adds disability payments in order to take into account their tax-free status.
In the end, it is crucial for veterans to know how their disability benefits will be affected if they get divorced and how their ex-spouses can be able to garnish their compensation. If they are aware of these issues, veterans can safeguard their earnings and avoid any unintended consequences.