No, VA Disability COMPENSATION (not pay and not income), is NOT intended for the family. Nowhere in the statutes under Title 38 (or any other law) does it state that. Opinions as to whether or not it should be considered marital property are irrelevant. Rose v Rose is also irrelevant because the language in 38 U.S.C §211 that allowed the SCOTUS to make its decision, changed with the passing of the Veterans Judicial Review Act (PL 100-687) in Nov of 1988 (18 months after the Rose decision). Prior to the VJRA, §211 stated that decisions regarding veterans disability could not be reviewed by any court OF the United States. Since the State of Tennessee is not a court OF the United States, the SCOTUS ruled appropriately. After the passing of the VJRA, the laguage in §211 stated "The Secretary shall decide all questions of law and fact necessary to a decision by the Secretary under a law that affects the provision of benefits by the Secretary to veterans or the dependents or survivors of veterans. Subject to subsection (b), the decision of the Secretary as to any such question shall be final and conclusive and MAY NOT BE REVIEWED BY ANY OTHER OFFICIAL OR BY ANY COURT, whether by an action in the nature of mandamus or otherwise." This means that federal preemption applies and that courts cannot even consider touching veteran benefits. Sadly, some states refer to 42 U.S.C §659 as justification to use VA benefits, however, the language there is considered dead-letter law and should have been removed after the passing of the VJRA. It doesn't matter what the percentage of VA Disability happens to be or whether or not a portion is waived in lieu of retired pay, it is all 100% off limits to the states. Title 42 does not and can not override Title 38.
@icesyckel4 ай бұрын
So weekend parents are “barely involved?” Seems slanted. Many don’t choose that schedule.
@myaccountbrad5 ай бұрын
How does it work with VA disability pay that was saved or invested during the marriage? How does a court determine if savings are due to the disability pay versus ordinary income earned during the same period of time?
@Marioalexanderleon3 ай бұрын
I'm also curious about that scenario
@awatts7566 ай бұрын
My court order clearly state a monthly payment not bi weekly not does it state that they can take my part time work check. My monthly payments are $786 for one kid and I also pay $250 bills weekly for medical dental and vision for my kid. Please help me fight against these types of cases so that someone else may benefit from my troubles. Thanks
@awatts7566 ай бұрын
Also child support took over 90% of my part time check plus the regular payment from my full time check. I wasn’t behind nor was I in the errands. So basically I was given the shaft for over $1500 extra on top of what they were already taking out automatically from my full time check.
@awatts7566 ай бұрын
I really could use your help. I’ve been over paying for years and I’m still paying even though my child graduates in 4 weeks and I’m already over by 3 payments.
@shewmakerandlewis6884 ай бұрын
Please reach out to us directly by calling or messaging on our website: www.shewmakerandlewis.com
@Brandon-ys2rx7 ай бұрын
'promo sm' 😘
@lisabridgeman35548 ай бұрын
Thank you for standing up for the dependents , that was nice and I totally agree with what you said .
@donwenger2616Ай бұрын
What do you mean by "standing up for the dependents"?
@bonnieupton41149 ай бұрын
What happens when both old forks are each disabled
@loriobrien164610 ай бұрын
Could you please help me I have you tube illegally surveiling me. There are also cameras in the bathroom.
@tonywalker233411 ай бұрын
legitimation in GA absolutely needs to be taken out the law books. There are NO noticed in Hospitals about this unNecessary extra step to have rights to your child. The Signing of the birth certificate should be good enough. As it is In pretty much all US states.
@arikdivine8 ай бұрын
Agreed going through this bs right now, can't believe how ignorant this law is my son was born in NY we moved to ga now she's trying to run away with my kid and georgia not respecting my rights!
@tonywalker233411 ай бұрын
😂😂😂😂😂😂 love it you guys make Catching a charge Hilarious.
@johnjasmin94 Жыл бұрын
My wife filed a TPO against me for disciplining my kids. She pushed me while I was doing so and said I hit her with a belt. 10/30/23 Newton county. Court date 11/23. What should I do?
@rosannapuleo9365 Жыл бұрын
What about the new spouse? Would they be entitled to any portion?
@jesushadenough3427 Жыл бұрын
What is the punishment for aiding in selling folks dope while serving in the ranks like the tax charging potiticians? kzbin.info/www/bejne/f3fTeYeZqNuMbaMsi=zUXOGNXBo5KO31TF
@mrsknight2984 Жыл бұрын
Can you repeal an invalid order? Meaning if there was absolutely no accusations of any sort of violence yet true judge signed it anyway. It was used to get around the 60 day notice on dispossessory... The back page of my order states that i am to remove all my belongings within 4 days. No accusation or evidence of any act of violence...? This was in Georgia last week!!!!!!
@mrsknight2984 Жыл бұрын
If you can get this reversed youre hired
@mrsknight2984 Жыл бұрын
A judge signed one against me with zero evidence under the family violence act
@mrsknight2984 Жыл бұрын
What about if a tpo was used to skirt the dispossessory steps in Georgia
@Adoginthenight Жыл бұрын
Best way to get a good divorce settlement??? Be a woman. If not, get a PI and evidence. Never talk to her without your lawyer present. Record everything. And show absolutely no anger. Definitely no violence. You decide on divorcee, you will;; never talk to or touch her or be in the same neighborhood as her.
@Adoginthenight Жыл бұрын
If there is one thing I’ve learned watching law on KZbin it’s this: Get a lawyer!!!!
@bleedingedgetv3544 Жыл бұрын
Informational AND entertaining LOL! 😄
@MrProfessional777 Жыл бұрын
So the father defaults on his mortgage by overpaying but god forbid the mother defaults on anything because she has to pay it back. 😂 Get the fuck outta here.... Clearly this is grand larceny.
@jumpingjackflash1214 Жыл бұрын
Or the person taking out the tpo is a froot loop that can't accept that her child is the problem.
@Burningsoldier246 Жыл бұрын
I’m assuming that a presumptive 50/50 custody law would lose you guys some money?
@MrProfessional777 Жыл бұрын
Exactly. Lawyers are in on the corruption.
@Nightryder1090 Жыл бұрын
In my case child support stopped sending the money to my sons mother 5 months before the end date because my obligation was already met but I had to continue paying until the end date. I was told the money would be refunded once the end date was met. So she did not get the over payments of the total obligation and 4 years later I haven’t seen the money either.
@joshstone7558 Жыл бұрын
These things are unfair and unjust they need to be changed up and looked into seriously
@joshstone7558 Жыл бұрын
These things are so unfair and unjust
@greatfox232 Жыл бұрын
Does the woman have to pay back that child support at the end of the child's childhood?
@DavidMoralee2 жыл бұрын
Is Absolutely ineffective, if the country they have been taken to, don't uphold the international laws they have agreed to through the Hague Convention. If you're facing this issue, and your child has been taken to say - Poland, Russia, Czech, and only Eastern European nations, you're best pursuing domestic legal proceedings, as well as Hague proceedings.
@reb78552 жыл бұрын
the vaccine is fake and gay. their talmudic ways are being exposed and this country will be openly christian again! god bless
@dannywaller95812 жыл бұрын
😈 𝐩𝓻Ỗ𝓂Ø𝓈M
@ourworld18202 жыл бұрын
They are not granted ! We get the same denial letter
@keywee8492 жыл бұрын
"Aiders and abetters of Nuremberg Crimes are equally guilty, and have also been persecuted, convicted and executed." Francis Boyle
@emilymeadows28602 жыл бұрын
Your point of contention for 50/50 Presumptive custody is based on the traffic/travel time within Metro Atlanta? The assumption would be that both parents know what the traffic/travel time is for the area where they live and work so they could always decline 50/50 physical custody if needed. There are also many creative ways to do 50/50 (or nearly that) even with the parents living an hour+ apart. Your argument has clear solutions. The current standard visitation is approximately 70/30. The reason the trend is moving towards more equal physical custody is because it is beneficial for most kids who have two loving and capable parents that each want significant time with their children.
@jennipennyhernandez70062 жыл бұрын
What about my ex paid me 77 but i stop the over payment his payment was 154 a mknth but semt me 77 dollars what about 198 over payment and now os about 3k? Over payment. Can he ask for the money back?
@spsenator2 жыл бұрын
you should learn the type and spell correctly, if you want a response. and that money isnot yours, if your Child doesnt NEED it,..not because you THINK he might need it. but if that money isnot going towards the child emmidiate needs. then you should pay him back. simple
@silencingdissent2 жыл бұрын
@@spsenator I was reading your response and couldn't help but notice a few things; for instance your criticism about her spelling, after you clearly share the same issue. Another thing you said about giving it back if it is not for the child's immediate needs is absolutely incorrect. If she is the child's custodial parent, this means she is paying for that child's complete overhead as well as immediate needs. Also it is not up to her how the child support payments are issued to her. Since she is being honest about what she thinks is happening, she can sign a statement stating the amount paid.
@josegrullon024 Жыл бұрын
@@silencingdissent you also wrong within your response. You don't have enough evidence to even answer that question. You don't know if her child is emancipated or not. FYI in some cases if a petition to modify and close a case for a child that becomes an adult, is pushed too far . My state goes back from when you petition the court stating your child is an adult. Because of being backed up. The 4 months that was overpaid had to be paid back to me.
@mafaldarielc40802 жыл бұрын
Congrats on all of these videos! so little videos on this matter. Would you please talk about the post-trial remedies used by the taking parents that delay the returning order from the perspective of a left behind parent? Just filing the case and go throughout the process (money, time, emotional) for many months , finally win the case bu just to face more challenges ahead? Thank you and congrats again, your videos are very clear, informative and useful!!!
@shewmakerandlewis6882 жыл бұрын
Thanks for the feedback! That’s a broad topic and a good suggestion. We’ll try to address that in upcoming videos.
@seanhatchet8862 жыл бұрын
Great video BUT should address the issue if the party with the TPO against them, contacts the victim or their family & friends, is that a 3rd party violation?
@shewmakerandlewis6882 жыл бұрын
Yes. The party with the TPO against them should contact none of them.
@naphtalite2 жыл бұрын
I have a question can you handle ROTC disenrollments due to a case of being academically substandarded?
@66pacesetter2 жыл бұрын
I have been divorced for 12 years. My ex spouse never did qdro. Which was in the divorce decree. If I retire, and qdro was never filled what happens?
@shewmakerandlewis6882 жыл бұрын
1. Short answer is nothing happens directly with the Plan. Long answer is nothing happens with the Plan, but a lot of other factors may come into play, like what is in their decree/agreement. For example: a. Is there any sort of direct obligation by the plan participant to make sure the QDRO is done? b. Is it a defined benefit plan? If so, is there language in the divorce decree or settlement agreement that states direct payments will be made? c. Regardless, it still doesn’t change the fact that they are entitled to a portion and it is something that they could still likely address, even after retirement.
@goofygoons19582 жыл бұрын
I just tested positive for the first in my career and I’m 3 months away from being separated does this mean i lose my GI bill and have to serve time??
@shewmakerandlewis6882 жыл бұрын
If you are discharged with anything less than an honorable discharge, you will lose his GI bill benefits. Call us!
@jasonsolis54162 жыл бұрын
Thank you for posting this
@shewmakerandlewis6882 жыл бұрын
You're welcome
@lorenzolollo61232 жыл бұрын
What if a cadet was kicked out for speeding tickets?
@shewmakerandlewis6882 жыл бұрын
We'd need more info on this. Was the cadet already kicked out? Did they request a hearing and lose?
@lorenzolollo61232 жыл бұрын
He was put out and preparing an appeal
@CarlosGonzalez-qd6fh3 жыл бұрын
Ok I'm Lost If My Daughters Mother Get An Emergency Order Or Ex Parte Then Why Is She Contacting Me After She Issued The Order. Makes No Sense
@shewmakerandlewis6882 жыл бұрын
The person who has the TPO isn’t prevented from contacting the person that they have the TPO against. It is good evidence to argue against the TPO though. But the person who has the TPO against them is prohibited from responding and should not respond.
@CarlosGonzalez-qd6fh2 жыл бұрын
@@shewmakerandlewis688 Yes We Had Court On November 18 2021 But The Rescheduled Cause The Judge Had An Emergency. But My Daughter's Mom Had My 11 Year Old Daughter Call Me Right After Court. It's Not Making Any Sense To Me At This Moment
@willisshields6473 жыл бұрын
Also have you ever seen anybody go to an admin board and not get discharged with a zero-tolerance policy
@shewmakerandlewis6883 жыл бұрын
Thanks for your question. Yes, many times.
@mg49053 жыл бұрын
So honored to be one of the special guests last night.... such a good time, good food and great company! Thank you Patty, Steve, Alexa and Jimmy.
@shewmakerandlewis6883 жыл бұрын
It was our pleasure! Thank you!
@samuelharris52273 жыл бұрын
I have a lot of questions about this new law ?????
@shewmakerandlewis6883 жыл бұрын
Please feel free to call our office at (770) 939-1939 with any questions.
@bleedingedgetv35443 жыл бұрын
I've always wondered if there were strategic reasons for using objections - thanks for covering all the terminology and their explanations!
@shewmakerandlewis6883 жыл бұрын
Our pleasure!
@rednukke13893 жыл бұрын
Im not in the military but i failed the test at meps i got put on suspension instantly really ruined me
@shewmakerandlewis6883 жыл бұрын
Depending on the branch of service, recruits who test positive for drugs may be able to reapply 90 days after their previous test.
@briannadixon10993 жыл бұрын
Can the board be convinced to give the cadet another chance if they failed to keep the minimum GPA required?
@shewmakerandlewis6883 жыл бұрын
That’s a really subjective question because who knows what a board can be convinced to do - they MIGHT but likely no if there is a GPA requirement and the rules they have to follow say GPA has to be "X" for a period of time. It's likely if you’re talking about someone being kicked out for this, they’ve already been on academic probation and had the second chance.
@davidhoover88623 жыл бұрын
I could be wrong but in the State of Georgia a man has to have an attorney file a TPO as a woman does not.
@shewmakerandlewis6883 жыл бұрын
Incorrect. Anyone can apply for a temporary protective order without legal representation. However, it's a very good idea to seek the assistance of a family law attorney.