|
Alimony is the amount of money given to a spouse as spousal support in case of a divorce. The amount is decided by a judge depending upon individual situation. These laws are not uniform throughout the U.S. These laws vary from state to state and in some states there is no provision for providing alimony. This article provides answers to some of the most commonly asked questions about issues related to this subject, as they apply in the military. Will the alimony payment decrease if the provider starts receiving Veteran Affairs Disability?
If a veteran receives disability, usually the disposable income gets decreased. Hence, the alimony received by you will also decrease. There is not much that can be done about this. However, you could petition the court and request an adjustment of the alimony. Since the net money received by your ex is more due to the VA disability, the court might be inclined to adjust the payments. You will have to hire an attorney to modify the situation. The attorney must be familiar with 10 USC 1408 and 38 USC 5301. Can an ex-spouse be legally paid directly bypassing the Defense Financial Accounting Service (DFAS) and use the alimony payments as a tool for tax deduction?
Making payment through the DFAS is not a legal necessity; rather a matter of convenience. Payments made can be used as a mode of tax deduction. DFAS is a good resource in maintaining the payment record. However, a cancelled check or a current bank statement can be used as an alternative. Can someone get alimony if their spouse has an affair?
Notwithstanding any affairs, as long as you and your spouse are married you cannot be granted alimony. It is usually awarded during a divorce, not in marriage. Also, because most states have a no fault divorce law which means you may not be awarded alimony for your spouse’s extra marital affairs. However, some states allow alimony based on this criteria. Whether or not someone will get alimony depends on the specific law of that state which varies from state to state. If an ex-spouse remarries, can he / she continue collecting a portion of retirement pay?
The erstwhile Spouse Protection Act empowers the state to divide the military retired payment as a part of marital assets. This is just an allowance rather than a requirement. It is up to the court whether it will divide the retirement or not. Usually, the amount to be awarded is determined by the court on the basis of years of marriage. In case the couple was married for ten years while the member was on active duty the spouse would be entitled to direct enforcement. It means the spouse is entitled to receive their part of the spouses retirement pay through the military. Can someone garnish VA disability to collect unpaid alimony?
Usually, VA disability cannot be garnished. However, it can be garnished for the purpose of paying the debt if there is unpaid spousal or child support. If you are entitled to military retirement and decide in favor of releasing a part of the pay to enjoy VA disability, that part might be garnished if you have unpaid child support or alimony. The Social Security Act 42 U.S.C. 659(h)(1)(A)(ii)(V) states that if a veteran is entitled to receive military retired pay and has waived a portion of his / her retired / retainer pay to get disability compensation from VA, that part of the VA benefit received in lieu of retired pay is subject to garnishment for purposes of collecting unpaid court-ordered child support or alimony. Alimony is a complex matter and has various dimensions. Sometimes it is rather difficult for the lay person to navigate the complex web of legal tangles attached to it. In such a case, if you need expert opinion on any given situation it is better to ask a military lawyer for the best course of action.
Related Articles -
alimony laws, military alimony, military alimony laws,
| 
