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PREVENT STATES FROM USING VA DISABILITY INCOME FOR ALIMONY (SPOUSAL SUPPORT) CALCULATIONS AND PAYMENTS

Created by G.S. on November 25, 2011

Currently, most states use VA disability income to determine spousal support in divorce proceedings. In Nebraska, for example, if any disabled veteran receives monetary compensation from the U.S. Dept of Veteran Affairs, that amount is considered as income and therefore used as basis for determining spousal support (alimony) payments. To clarify, in 1999, petitioner was ordered by a judge to pay almost 60% of his income to ex-wife for life until he dies or until she either remarries or dies. Petitioner received VA monetary compensation as only source of income at 70% disabled rating, which increased to 100% in 2009 (full and permanent). However, petitioner is still required to pay alimony to ex-wife even though she recently remarried. Moreover, petitioner must pay lawyer to stop the order.

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