Camp Holloway Discussion Forum Archive 05 - 02/12/06 to 01/21/10

Re: Vietnam Combat Disabled Veteran Faces Jail

Willie,
You are 100% right here about beating up on each other. I was one of those who was scared for life by being dumped for another man, and I don't know how much my PTSD had to do with the divorce. But, as Caroline said, there are two sides to the story. Both sides should be heard.

But, the Law is the Law, and in this case the judge is making a decision that he is not allowed to make by law. 38 US CODE part IV, paragraph 5301 specifies that the VA is the only entity that can take the disability benefit from a veteran or divide it with another person. The law is very specific. The only way a person can dig into the benefits is if the veteran has failed to protect himself and he has not put his Veterans Benefits monies in a separate account. If the money is placed in an account where other incomes are placed, then the judge will be able to divide the account, but he can not force the man to pay a monthly stipend to a former wife as a condition of recieving benefits. If you have a disability income from the VA, place it in an account and keep it separate from all other monies. That way no one can touch the account, before, during or after the receipt of the funds, mix the funds currently in the account, and they become vulnerable. As far as his SSD, I am not sure what can be done with that. But, a person will lose one of the SSD accounts if they are eligable for SSD and they are drawing funds from SSD. You can't draw from two SSD accounts, because part of her SSD account is based on the Joint income that they had during their marrage, and therefore she is not eligable for part of his account in additon to hers. That is the law.

Dave

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Vietnam Combat Disabled Veteran Faces Jail
Re: Vietnam Combat Disabled Veteran Faces Jail
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Re: Vietnam Combat Disabled Veteran Faces Jail
Re: Vietnam Combat Disabled Veteran Faces Jail
Re: Vietnam Combat Disabled Veteran Faces Jail
Re: Vietnam Combat Disabled Veteran Faces Jail
Re: Vietnam Combat Disabled Veteran Faces Jail