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Disability Payments to Former Spouse?

posted Aug 30, 2011, 7:33 PM by Info @NesloVentures   [ updated Aug 30, 2011, 7:35 PM by Neslo Ventures ]

There are currently no provisions for payment of any portion of a veteran's service-connected disability compensation to or on behalf of a divorced spouse except in limited circumstances involving military retirees. 38 USC 5301(a) exempts VA disability compensation from taxation, claims of creditors, attachment, levy or seizure, by or under any legal or equitable process.

However, in the case of military retirees who waive retired pay in lieu of VA compensation, the amount of VA compensation that is received is subject to garnishment for court-ordered child support or, in some cases, alimony. Only the amount of compensation equal to the waived retired pay is subject to this garnishment. Such garnishments are handled jointly by the VA Regional Office and the appropriate VA Office of Regional Counsel. If there were any minor or dependent children of the veteran in the custody of a divorced spouse, an apportionment of VA disability compensation could be awarded to the custodial parent for support of the veterans child or children.

Individuals can file a claim for an apportionment by filling out VA Form 21-0788, which can be found at http://www.vba.va.gov/pubs/forms/VBA-21-0788-ARE.pdf.
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