VA Disability Compensation in California Divorce

[sleuthfox]

this inquiry is regarding California divorce law and the separation of marital assets. I am a 100% disabled veteran (total and permanent). my only source of income is my Department of Veterans Affairs disability compensation and Social Security disability income. my wife works part-time and is capable of working full-time. this is in addition to her being a full-time student utilizing my VA disability benefits to pay for her college.

I am under the understanding that any Department of Veterans Affairs disability compensation income is unattachable.

in a California divorce proceeding can the spouse try to obtain any of these benefits.

 

[famous21]

100-Percent Disabled Veteran

Hello:

The State of California has no jurisdiction over how V. A. Compensation is allocated. Normally the custodial parent receives an apportionment for the children, whether you are with her or not. However, SSDI is a totally different matter. The SSA rules allow a 50% lien on disability benefits for child support.

Peace,

Famous