VA Disability Benefits

When it comes to Child Support and Divorce (Alimony and Equitable Distribution) case a common issue is U.S. Department of Veteran’s Affairs‘ disability benefits and the extent to which they are divisible by the Court. In this Blog, I will break down my understanding of the issue. I say “my understanding” as through practice I’ve found that these rules aren’t universally accepted by other attorneys and Judges. Nonetheless, here is my breakdown (the terms are a bit advanced but the issue is a bit advanced, so…):

1. Child Support – VA Benefits do indeed count as income for the purposes of calculating child support. Therefore, the amount will be added to you gross income. However, the benefits themselves cannot be accessed by a “withholding definition” order that automatically deducts child support from the disability payment.

2. Divorce – Equitable Distribution – VA Benefits are not subject to Equitable Distribution. This is in contrast to most other retirement benefits and pensions (including military pension) that is subject to Equitable Distribution; BUT

3. Divorce – Alimony – VA Benefits do indeed count as income when considering the factors for an award of Alimony. However, as in Child Support, the benefits cannot be attached by a “withholding” order.

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Please remember that each case is unique and the issue of VA Disability is a rather complex issue. If you have any questions about VA Disability Benefits or Child Support/Divorce in general, we urge you to contact us. In order to be flexible and convenient, we have open office hours, easy appointment scheduling, and payment plans available. Call today and schedule your free confidential consultation.

Our law office serves people across the Upstate, South Carolina, including: Greenville, Spartanburg, Anderson, Pickens, Laurens, and Oconee counties.