VA Disability, Divorce, Child Support, Alimony, Garnishment & Apportionment

  Рет қаралды 16,160

Chisholm Chisholm & Kilpatrick LTD

Chisholm Chisholm & Kilpatrick LTD

Күн бұрын

Пікірлер: 104
@CCK_Law
@CCK_Law 4 жыл бұрын
We hope you find this information helpful! Thank you for watching with us!
@judeubiam2062
@judeubiam2062 4 жыл бұрын
I'm paying child support from my job $1400/month they court wanted to also consider my VA benefit is this allowed? As it will cause hardship to me
@Perfectlif3
@Perfectlif3 4 жыл бұрын
Federal law does not allow states to dispose of veteran Benifits period The reason they don’t is cause the enumerated Power of the constitution article 1 section 8 clause 12-14 The Military powers clauses specifically give congress exclusive authority to vest Benifits to veterans Since 1789 forward congress has excised this power to regulate the field of veterans Benifits exclusively State courts are given only a limited amount of authority over these Benifits Number 1 10 usc 1408 usfspa the uniformed services former spouse protection act gives states authority to dispose of %50 of what is defied as disposable retired Pay only all other veteran Benifits are off limits Howell confirmed that Howell had to Confirm that because state courts for 30 years ignored Mansell V Mansell which was the prior US Supreme Court decision which said the same thing State courts can not get around the prohibition of federal law and enter order requiring veterans to dispose of these Benifits 38 use 5301 is also a federal statue that addresses these Benifits it is a jurisdictional prohibition upon state courts it says state courts can not exercise any legal or equitable power over these Benifits and divest the beneficiary That applies to property settlement agreement and property dispositions in divorce this why were here today because the state court followed a rule that has never been good law in arizona or anywhere else State courts have been under the impression prior to Howell that’s the uniform service former spouse protection act had acted as somehow a removal of absolute preemption of Federal law because congress had said 1 thing about these Benifits that they could be disposed of when they where disposable retirement pay that that meant that state courts could do what they wanted McCardy 1991 Decision thats proceeded usfsba which said congress exercises absolutely presented authority period state courts have no authority or power to dispose of them any other way regardless of weather is a settlement agreement a contempt order it can not be done because the federal law doesn’t allow it The fist link in the new Supreme Court case currently pending and the 2nd link ins the amicus Curia brief that’s is kicking ass in all the state courts. trinityadvocates.com/boots-on-the-ground-united-states-supreme-court-petition-filed-to-protect-disabled-veterans-benefits lexforipllc.com/wp-content/uploads/2020/04/13fed-15-1031_amicus_pet_vfw.pdf
@charliedavies3236
@charliedavies3236 4 жыл бұрын
i was with a cheat of a wife who does nothing but jump from one man to the other i wanted divorce so bad but there was no evidence to back at her, it up not till a colleague recommended A professional hacker and i i didn't think twice in contacting him on Instagram @evidencehacker911 they were able to give me evidence to divorce her and gain my freedom i know you are going through uncertainty right now but i can assure you these guys are the best in the game and they will give you what you need…
@andrewbieler4752
@andrewbieler4752 3 жыл бұрын
All this information is wrong. I challenge any of you to walk into a Kansas family court room and cite the law and see how long you keep your bar license
@staciaLouisepuryear
@staciaLouisepuryear 3 жыл бұрын
Never paid one payment the only money we've got was stuff They confiscated
@andrewbieler4752
@andrewbieler4752 3 жыл бұрын
A judge can choose to ignore all your submitted evidence and bar you from being able to file or submit evidence, forcing you to get a lawyer, who will also not change any outcome yall are talking about. It all gets taken. They take what they want.
@KaiserDragonTV
@KaiserDragonTV 2 жыл бұрын
well im part of the Divorced Disabled Vet community sup brothers and sis.
@kennethbreen739
@kennethbreen739 2 жыл бұрын
Whats this group? Need help
@KaiserDragonTV
@KaiserDragonTV 2 жыл бұрын
@Kenneth Breen as in almost 90% of vets have ex wife's....
@bluebloodroyalty8012
@bluebloodroyalty8012 2 ай бұрын
What if you got your VA disability years after a court order has been set in place? Also what if you are caught up or even ahead on child support payment and the other parent has a full time job?
@angela.reeves4724
@angela.reeves4724 3 жыл бұрын
What happens when we are both veterans ?
@rogermartinez8606
@rogermartinez8606 6 ай бұрын
Can Texas use VA disability as income when assigning child support.
@RaiderMike760
@RaiderMike760 2 жыл бұрын
So the say the VA disability is protected, and than they say it’s not? So what is it?
@teeybannister
@teeybannister 2 жыл бұрын
Divorce with no kids protected Have kids, then it’s not
@kennethbreen739
@kennethbreen739 2 жыл бұрын
No children....? In my case
@jessielee2024
@jessielee2024 2 жыл бұрын
Thanks for sharing the knowledge of NY state won't use the derivative SSI benefit as a credit to deduct child support. Here in TN, I have a question regarding the 'deduction credit' in a scenario where an old-aged father's is ordered to pay child support $400 to the mother (TN family court). The mother is working & receiving derived/auxiliary SSI or SSDI benefit for the child as $900 monthly. In theory, the father would take the deduction credit of -$900 from $400 and owe no additional obligation of child support amount to the mother. However, is it unlawful for the father's attorney to request the mother to pay back an offset amount $500 to the father? Is it correct that the derived SSI benefit mother receives for the minor child should only be used in the calculation of child support and deemed as a deduction credit which lowers the child support amount the father owes? Does this kind of 'deduction credit' has any grounds in the federal or state law where a primary parent must pay back the "offset amount" out of the child's SSI benefits to an absent parent? It seems awfully wrong if the father asks for child's benefits back as the mother is the only representative payee who manages the child's SSI benefits.
@DarkHorseParatrooper
@DarkHorseParatrooper 4 ай бұрын
But... if a judge orders 1k a month in alimony. And the vet can't pay, and va denies apportionment to former spouse, does that void the judges rule? I don't think it does...
@andrewbieler4752
@andrewbieler4752 3 жыл бұрын
If you're incarcerated for more than 90 days you lose all but a small portion of your disability, your child support doesn't change.
@nevadabedwell312
@nevadabedwell312 3 жыл бұрын
Some of this information is not correct. Apportionment is not allowed unless you are a dependent. Apportionment for alimony if of a former spouse is not allowed. There are multiple cases in va case law that confirm this. The reason for this is that a former spouse is not a dependent. You must be a dependent to file for Apportionment.
@isaacrodriguez3500
@isaacrodriguez3500 2 жыл бұрын
Hey guys if i am divorcing can the va disability % play a role or be counted as income or asset? On the child support calculations?
@teeybannister
@teeybannister 2 жыл бұрын
Yes if you have kids for child support purposes ; if you getting $2,000 a month in va disability plus you making $40,000 a year from your other job; now they’ll say you’re making $64,000 a year combined and a judge . If no kids, then it can’t be counted
@eliteempire280
@eliteempire280 Жыл бұрын
Now IF VA disability is used for CS and they look at the amount of disability to give is if based on the actual amount that is given for each dependent child? Also, can the fact that a veteran will lose $400+ in VA disability after divorce can this be taken into consideration for lower CS payments.
@andrewbieler4752
@andrewbieler4752 3 жыл бұрын
Even if you have a letter from the VA saying the garnishment is illegal and the veteran is facing financial hardships, they will still garnish it all. The best thing veterans can do is get charities to pay rent and buy food from the semper fi fund or other charities. As long as you are divorced with a child, they will garnish 100% of your va disability compensation and ssdi. I'm quoting judge schoenig in Kansas "federal laws do not matter in state Civil court"
@CrazyClips876
@CrazyClips876 3 жыл бұрын
Federal law trumps state law. You can sue if this judge is doing this to you.
@trustnoone6368
@trustnoone6368 3 жыл бұрын
Not married I'm I safe
@retired5249
@retired5249 3 жыл бұрын
you are wrong
@msinformation5463
@msinformation5463 2 жыл бұрын
Happened to me. Im filing Bankruptcy to stop VA Garnishment from Divorce
@ajwilliams9778
@ajwilliams9778 2 жыл бұрын
This is crap bro they can’t take your disability comp usc 38 chapters 59&61 says so and the secVA is the only one who can do this and they won’t if it’s gonna cause a hardship so then you have to get paper checks or an account that is not able to be levied. You keep your money away from them and they can’t get it. And then you file affidavits and a suit against any judge who is trying to do these things
@rexeldridge3702
@rexeldridge3702 9 ай бұрын
Am i understanding this correctly? Child Support calculations use both the Va disability pay and the military retirement pay? My ex has not paid child support in 13 years he retired 3 years ago and we are now getting a divorce but where legally separated in 2012 when the law said he was to pay child support. But he never did, now he owes over 100K in back support. Is his va disability still off limits? because he has 2 more years of current support he still has not paid. He is suppose to give me 50% of his retirement but has done nothing At all.
@ondray29
@ondray29 2 ай бұрын
Why do you think he's supposed to give you 50% of his retirement if you've been separated since 2012? As far as child support, if you had a court order 13 years ago, why didn't you contact his command? He was being paid BAH I'm sure. That money is partially for his family.
@treubeautysupply8185
@treubeautysupply8185 9 ай бұрын
I have an ex husband that doesn’t pay child support in okc and he receives 100% disability. Can I submit for the apportionment
@sweetchinmusiq1623
@sweetchinmusiq1623 8 ай бұрын
Probably should just get a job
@helenmonday0
@helenmonday0 5 ай бұрын
VA form 21-0788 through the VA
@shoquan9434
@shoquan9434 3 ай бұрын
@@helenmonday0snitch
@OneInAweAgent
@OneInAweAgent 10 күн бұрын
Give him custody. The free health care is from his veteran status, free college is through his veteran status.. many more things you want comes from him.
@treubeautysupply8185
@treubeautysupply8185 9 ай бұрын
My ex husband has never paid child. Support. My child is 15 and wants to go to college. Va said I have pursue him for her part of monies and help
@helenmonday0
@helenmonday0 5 ай бұрын
If he is getting disability and you don’t get anything…..you can fill out form VA 21-0788 with the VA.
@sgtrock1
@sgtrock1 Жыл бұрын
Thank you! Very informative. Its basically what I read at theutliple websites I researched along with articles. I currently have a judge who ordered my to pay a huge amount of child support to a woman who is playing DV victim. Despite her criminal record which is well documented, bevause she filed DV charges the courts will take everything from you even if youre innocent until proven guilty. They dont care! They dont even care if you have good lawyers figthing your case. I have 2 experiences lawyers and 2 entry level attorneys that I paid $28,500 so far and we havent seen any good results. The system is corrupt and designed to profit financially. Rose V. Rose is a joke! Judges dont care about any case law and they dont care that the father gets visitations either. They want that money paid to child support enforcement because all government agencies (state and federal) conspire within eachother to make sure a high stream of revenue is generated every month. You can hope and wish but, im giving you my own experience which is reality.
@andrewbieler4752
@andrewbieler4752 3 жыл бұрын
Rose v rose is no longer law but mansel and howel are dead letters in family court
@mrnyquill3570
@mrnyquill3570 3 жыл бұрын
Amazing info. Thank you sooo much
@mannessajohns929
@mannessajohns929 2 жыл бұрын
Hi guys need help father of my 21-year-old autistic son receives benefits for him but he has never seen a penny of it. He's only seeing my son maybe five times in his life how's it that he's able to receive benefits for him and not have to take care of him.
@WarChief5150
@WarChief5150 4 жыл бұрын
So, I have a situation about this. I have my whole disability check being taken to pay back the what Navy gave me a severance check. even though I continued my career in the navy to retire at 20. and we are still in Covid-19 situation,they didnt bother to take that in consideration before making a judgement. so, their gonna take the whole check for 18 months to satisfy that payback.
@Perfectlif3
@Perfectlif3 4 жыл бұрын
Federal law does not allow states to dispose of veteran Benifits period The reason they don’t is cause the enumerated Power of the constitution article 1 section 8 clause 12-14 The Military powers clauses specifically give congress exclusive authority to vest Benifits to veterans Since 1789 forward congress has excised this power to regulate the field of veterans Benifits exclusively State courts are given only a limited amount of authority over these Benifits Number 1 10 usc 1408 usfspa the uniformed services former spouse protection act gives states authority to dispose of %50 of what is defied as disposable retired Pay only all other veteran Benifits are off limits Howell confirmed that Howell had to Confirm that because state courts for 30 years ignored Mansell V Mansell which was the prior US Supreme Court decision which said the same thing State courts can not get around the prohibition of federal law and enter order requiring veterans to dispose of these Benifits 38 use 5301 is also a federal statue that addresses these Benifits it is a jurisdictional prohibition upon state courts it says state courts can not exercise any legal or equitable power over these Benifits and divest the beneficiary That applies to property settlement agreement and property dispositions in divorce this why were here today because the state court followed a rule that has never been good law in arizona or anywhere else State courts have been under the impression prior to Howell that’s the uniform service former spouse protection act had acted as somehow a removal of absolute preemption of Federal law because congress had said 1 thing about these Benifits that they could be disposed of when they where disposable retirement pay that that meant that state courts could do what they wanted McCardy 1991 Decision thats proceeded usfsba which said congress exercises absolutely presented authority period state courts have no authority or power to dispose of them any other way regardless of weather is a settlement agreement a contempt order it can not be done because the federal law doesn’t allow it The fist link in the new Supreme Court case currently pending and the 2nd link ins the amicus Curia brief that’s is kicking ass in all the state courts. trinityadvocates.com/boots-on-the-ground-united-states-supreme-court-petition-filed-to-protect-disabled-veterans-benefits lexforipllc.com/wp-content/uploads/2020/04/13fed-15-1031_amicus_pet_vfw.pdf
@teeybannister
@teeybannister 2 жыл бұрын
Damnn, that’s weird how they’re doing that. I wonder how do they feel like a severance pay is related to VA payments??? It’s not like they’re overlapped
@getbig37
@getbig37 11 ай бұрын
Can someone take va disability from you if you already paying child support thru the court…. Asking for a friend?
@andrewbieler4752
@andrewbieler4752 3 жыл бұрын
The family court judges don't care if you're homeless. If you end up homeless due to garnishment, they'll use that to take away visitation and charge you more child support, even if they're taking it all already. I was literally told to work when I couldn't walk so this whole video is nothing but wishful thinking.
@senorbarbas3031
@senorbarbas3031 Жыл бұрын
My lawyer said it can be counted in child support
@staciaLouisepuryear
@staciaLouisepuryear 3 жыл бұрын
How about he signed paternity papers he's never seen her she's 13 he was only ordered to pay his $38 in child support they ended up taking him to court for contempt because he hadn't paid. I filled out the apportionment papers in March of 2019 no one really got back to me I had to keep calling finally somebody calls me in the middle of covid and I've been on medical leave and said to send something in that I've already sent in and then I could not fax it cuz covid everybody was trying to get the things and they said sorry denied I didn't want to send anything else in because I wanted back pay from that he's never paid harassment in her life am I supposed to have somebody help me
@LibertarianUSA1982
@LibertarianUSA1982 Жыл бұрын
Typical woman
@tattoojones23
@tattoojones23 3 жыл бұрын
WHY DON'T THEY JUST SAY - THE VETERAN MAN PAYS.
@SirAsylus89
@SirAsylus89 Жыл бұрын
Might as well right, I love my daughter beyond death, her mom drop her off at school i pick her up and spend hours with her. When she go out of town or bs, I watch my daughter, her daughter and niece, none of their dads help, I help buy clothes, give my va dependent amount (200) and more, (200 more) but when she get upset that she don't have freedom from kids... I'm a bad father. It's always the father fault. My 4 to 500 a month on top of what I spend outside of what i give for my daughter also isn't enough, but I'm a bad father... some women tell me their kids dads only pay 200 for 4 to 5 kids a month and this piece of crap complains that 4 to 500 isn't enough for a 5 year old who don't care for material crap
@sweetchinmusiq1623
@sweetchinmusiq1623 8 ай бұрын
For every fucking thing
@andrewbieler4752
@andrewbieler4752 3 жыл бұрын
The way the law works vs the reality of child support are so completely different. Doesn't matter what the law says, if you're a disabled combat vet everything gets taken. Tax returns, ssdi back pay, VA disability comp, and they will take tens of thousands more than you're ordered to pay no matter what a lawyer says.
@MYDJFIGHTER
@MYDJFIGHTER 3 жыл бұрын
No sir. That's a lied, the judge will try and he will fail 110%. I have a buddy that is also a disabled veteran and told me that the judge tried to take his money and the DAV and Dfas said no. The only way she may be entitled to something is if you have waiver your retirement. Do not yield to the court orders, they cannot touch your money without you signing those benefits away. Call DAV and ask them, they will tell you the same thing that I'm telling and then call dfas and ask them if you waiver your retirement. If you haven't signed anything like that, you are 100% safe. If the judge order you to pay anything, don't do it. Let them suspend your license, passport. Even your bank account, however set your direct deposit under your uncle or a family member, because that money is yours and is protected by federal law signed by congress. Once they suspended everything from you and then comeback that you were wrongful accused, then counter sue the city for trying to break the law. Nobody is above the law period.
@josephriley3244
@josephriley3244 3 жыл бұрын
Williams v. Burks, 2200169 (Ala. Civ. App. Nov. 5, 2021)
@josephriley3244
@josephriley3244 3 жыл бұрын
Veterans for Common Sense v. Shinseki, 678 F.3d 1013, 1016 (9th Cir. 2012)
@josephriley3244
@josephriley3244 3 жыл бұрын
Someone continues to delete comments. Tools. Here Trinity Advocates to VA "So, the default position is, and always has been, that the state has no preexisting sovereign authority, jurisdiction or control over the federally appropriated monies designated by Congress for the compensation of military servicemembers, veterans, and their dependents. Id. at 1404 (federal law completely preempted state family law as the Court held in McCarty, and that “rule of federal pre-emption still applies.”). In fact, 38 U.S.C.S. § 5301 prohibits state courts from exercising any legal or equitable process whatever over these benefits to the detriment of the veteran beneficiary. As Supreme Court stated the funds protected by this provision are considered “inviolate”, and the provision is liberally construed to protect the beneficiary. Porter, supra. So complete are these protections that the statute even prohibits voluntary agreements on the part of the veteran to dispossess him of these personal entitlements. The statute actually “voids” from inception any such agreements or any collateral or security arrangements made as security for such agreements. (a)(3)(A) and (C). In keeping with this preexisting state of full federal preemption in this particular subject, Congress has only given the state authority in two specific circumstances. First, the state may allow division of regular retirement benefits defined as “disposable retired pay” as a “property asset” in state court divorce proceedings. 10 U.S.C.S. § 1408 (the Uniformed Services Former Spouses Protection Act (USFSPA)). In other words, a state court and/or the parties to a divorce proceeding in state court may agree to divide as a marital asset regular retirement pension benefits that a former servicemember is entitled to as a result of his or her service. 10 U.S.C.S. § 1408. The amount is determined by a statutory formula. Second, the only time disability benefits can be used for support appears to be the passive allowance in 42 U.S.C.A. § 659(h)(1)(A)(ii)(V), which authorizes direct payments in alimony or child support for that portion of a retiree’s waived military retirement pay considered “remuneration for employment” upon receipt of a qualifying state court order. However, where the disabled veteran has no retired pay, or is not eligible for retirement pay, then 42 U.S.C.A. § 659(h)(1)(B)(iii) excludes these funds from being subjected to garnishment and, under Howell and 38 U.S.C.A. § 5301(a)(1), they would be affirmatively protected from all legal process whatever - that is they would not be subject to being considered disposable assets or income available as property or for support obligations of the veteran." - Carson Tucker JD Carson Tucker wrote the brief for Howell v. Howell
@A83-A83
@A83-A83 2 жыл бұрын
Sooo not true! Matter of fact my ex husband got my child support cut off because he made it where my disabled son gets benefits under his VA disability AND he collects money from the VA that my son should be getting. I can't work due to numerous health issues yet any time I try to file for the funds my ex is taking that is my son's I get denied because he claims financial hardships yet can afford to go on trips across the state AFTER he filed hardships. I'm looking into this currently because I barely get enough to get by and my ex thinks I Should be the one buying all my sons clothes, etc and never helps with any of it. He has used me and my son and listed us at his address even after we got divorced.
@7674derek
@7674derek Жыл бұрын
First VA compensation is not defined as income per Title 26 USC 104 and specifically excluded from the definition of gross income. In order for child support to be calculated it must be calculated from gross income. Why Rose v Rose is always cited baffles me, Rose NO LONGER has supporting federal law 38 USC 211 no longer exists and was changed to 511, the two other codes are now definitions and VR&E benefits. In 1988 The Judicial Review Act signed into law by President Regan in 1988 changed to wording with 211 into now current 511. Title 38 is positive law as well meaning the statement conforms to the policy, intent, and purpose of Congress in the original enactments, but the organizational structure of the law is improved, obsolete provisions are eliminated, ambiguous provisions are clarified, inconsistent provisions are resolved, and technical errors are corrected. 38 USC 511 clearly defines who has jurisdiction over provision of VA benefits and its finality. 38 USC 5301 has no general preclusions because the code is very clear about garnishments, Levys etc... I am truly trying to understand how there are laws written by Congress are ignored by caselaw from court. One creates the laws, and the other interprets them when they need interpretation. Creating caselaw after caselaw on outdated caselaw does not make it legal and this is what every state has done since Rose v Rose 87. They have ignored the 1988 changes made by Congress to close the state court loophole and placed Secretary of the VA the sole jurisdiction over VA benefits and if someone wants monies from VA disabilities they must file for an apportionment. The process and steps of law.
@morgan7461
@morgan7461 Жыл бұрын
What if the Veteran lied on his claim. And the spouse was denied b/c of the lie? They had no proof of what he said but still denied me regardless. I had to restart a new apportionment claim when I found out.
@beth_bailey
@beth_bailey 11 ай бұрын
Are you seeking it for a dependent?
@josephriley3244
@josephriley3244 3 жыл бұрын
VA Disability Compensation is a federal tort claim and not meant to enter in district proceedings. Judicial Officers in the districts have been discriminating against disabled veterans for roughly thirty years ever since Rose v. Rose. State authority will throw disabled veterans in jail and release them, so the veteran doesn't flag the federal government. The federal government doesn't want to pay a disabled veteran who is incarcerated. Disabled veterans aren't meant to be incarcerated under Rose v. Rose post Veterans Judicial Review Act; check opinion on reversed judgment for Williams v. Burks including alternating days for incarceration also see Yann Iannucci charged as a fugitive on the run due to child support arrears. What the district courts and Supreme Court did to Mr. Rose (during veterans administration) was wrong. Congress responded and most state authorities refuse to acknowledge the Veterans Judicial Review Act. A Department sits above the District of Columbia and an Administration does not. A claim (apportionment) from VA can be appealed with Subject-Matter Jurisdiction to the Supreme Court. In these cases the issue is about money not guardianship, so VA has authority (exclusive jurisdiction) over the domestic relations. Thirty years of discrimination
@LibertarianUSA1982
@LibertarianUSA1982 Жыл бұрын
Don't get married
@davesmith5260
@davesmith5260 3 жыл бұрын
What if you’ve had a kid and you’re not married to the person?
@kayclark5475
@kayclark5475 3 жыл бұрын
Please answer this one!
@teeybannister
@teeybannister 2 жыл бұрын
Since you had a kid, the judge is allowed to count your disability money as income. She can file for apportionment too.
@jackshadow6833
@jackshadow6833 2 жыл бұрын
How do I get child support from my ex husband's VA disablity check in New York ?
@twoothemoon
@twoothemoon 2 жыл бұрын
Actually VA compensation is protected under USC 38 Statue 3801 Nonassignability and exempt of benefits. No state judge can award or take VA compensation from you!
@teeybannister
@teeybannister 2 жыл бұрын
But it can taken for child support right??
@twoothemoon
@twoothemoon 2 жыл бұрын
@@teeybannister yes but the other party must request from the SecVA for apportionment, and the Sec VA must approve the apportionment in order for the courts to consider VA compensation for child support. Most family courts break this federal law.
@teeybannister
@teeybannister 2 жыл бұрын
@@twoothemoon ohh wow!!! Good to know
@aileenjugalbot134
@aileenjugalbot134 2 жыл бұрын
I'm filling for VA apportionment for the veterans child the father living in US and his child living here in Phillipines.veterans don't want to pay child support.
@kimzyrrasabijon1912
@kimzyrrasabijon1912 2 жыл бұрын
Hello I am related in your situation, can we keep in touch?
@chartarotscope6230
@chartarotscope6230 Жыл бұрын
I'm going through the same situation here in the U.S. It's said how a servicemen will serve a country but not take care of his children.
@renancabrera6766
@renancabrera6766 9 ай бұрын
in the child Birth Certificate does the Veterans acknowledge that he is the father? Was the relationship already stablished by the Embassy thru DNA Testing? If not then that will be a hard battle. but if it does then you have a better chance of getting that apportionment for that child. I hope this helps.
@renancabrera6766
@renancabrera6766 9 ай бұрын
@@kimzyrrasabijon1912 in the child Birth Certificate does the Veterans acknowledge that he is the father? Was the relationship already stablished by the Embassy thru DNA Testing? If not then that will be a hard battle. but if it does then you have a better chance of getting that apportionment for that child. I hope this helps.
@staciaLouisepuryear
@staciaLouisepuryear 3 жыл бұрын
No they can't because the reason why we get $38 was because that was the only income that they can touch $38 doesn't fill your tank
@teeybannister
@teeybannister 2 жыл бұрын
Wait, the judge ordered your ex- husband $38 in child support?? What was his VA disability rating?
@judeubiam2062
@judeubiam2062 4 жыл бұрын
No we are not married can someone address my question.
@Perfectlif3
@Perfectlif3 4 жыл бұрын
Federal law does not allow states to dispose of veteran Benifits period The reason they don’t is cause the enumerated Power of the constitution article 1 section 8 clause 12-14 The Military powers clauses specifically give congress exclusive authority to vest Benifits to veterans Since 1789 forward congress has excised this power to regulate the field of veterans Benifits exclusively State courts are given only a limited amount of authority over these Benifits Number 1 10 usc 1408 usfspa the uniformed services former spouse protection act gives states authority to dispose of %50 of what is defied as disposable retired Pay only all other veteran Benifits are off limits Howell confirmed that Howell had to Confirm that because state courts for 30 years ignored Mansell V Mansell which was the prior US Supreme Court decision which said the same thing State courts can not get around the prohibition of federal law and enter order requiring veterans to dispose of these Benifits 38 use 5301 is also a federal statue that addresses these Benifits it is a jurisdictional prohibition upon state courts it says state courts can not exercise any legal or equitable power over these Benifits and divest the beneficiary That applies to property settlement agreement and property dispositions in divorce this why were here today because the state court followed a rule that has never been good law in arizona or anywhere else State courts have been under the impression prior to Howell that’s the uniform service former spouse protection act had acted as somehow a removal of absolute preemption of Federal law because congress had said 1 thing about these Benifits that they could be disposed of when they where disposable retirement pay that that meant that state courts could do what they wanted McCardy 1991 Decision thats proceeded usfsba which said congress exercises absolutely presented authority period state courts have no authority or power to dispose of them any other way regardless of weather is a settlement agreement a contempt order it can not be done because the federal law doesn’t allow it The fist link in the new Supreme Court case currently pending and the 2nd link ins the amicus Curia brief that’s is kicking ass in all the state courts. trinityadvocates.com/boots-on-the-ground-united-states-supreme-court-petition-filed-to-protect-disabled-veterans-benefits lexforipllc.com/wp-content/uploads/2020/04/13fed-15-1031_amicus_pet_vfw.pdf
@evilload
@evilload 3 жыл бұрын
Not married is not an eligible claimant. Unless you fit into the very narrow common law exception.
@jiongt2677
@jiongt2677 2 жыл бұрын
くさんありますありがとうございます」、
@andrewbieler4752
@andrewbieler4752 3 жыл бұрын
There is no law that trumps a judge saying "best interest of the child". Judges can garnish whatever they want.
@MYDJFIGHTER
@MYDJFIGHTER 3 жыл бұрын
I understand your frustration. I'm going through it myself at the moment, I will sue them once all of this is over. But I know one thing, state can't trump federal law, I'm in debt over 20k because I maxed out my military starcard and my usaa credit card, I haven't been working for over 3 years due to my disabilities. I only use my money to survive and get my life somewhat on track, and I'm actually contemplating of leaving the country to a more cheaper one in order to get my life back. Once I show all the prove in the court and give all information to the DAV as well, it is very unlikely that the judge try to take anything, because by doing so he is creating hardship to my life. There is a reason as why I asked for an increase, everything is on black and white. I was taught that if we want to go by the book then we will live by the book. I gave my family everything that is why I'm max out in all my credit cards, but everything wasn't enough. So let that sink in. Regardless of anything else, the law is the law and state is not beating federal.
@mysticalstylings2456
@mysticalstylings2456 3 жыл бұрын
You have to show the laws to them or they play stupid. You have to list the full printed out law as evidence and then with out a lawyer sue everyone involved including opposing counsel
@teeybannister
@teeybannister 2 жыл бұрын
@@MYDJFIGHTER were you able to win your case??
@MYDJFIGHTER
@MYDJFIGHTER 2 жыл бұрын
@@teeybannister No, I yield to her demands, I was supposed to pay 496$ a month for 2 kids, because of 80% of disability, but she wanted 600$ so I accepted because I want to be divorced. However, if you are getting 1,200$ on disability alone, you will only pay 25$ a month, there is a percentage per state. But keep in mind the following information, the judge cannot get into the DAV himself, the only way he is able to access your benefits if you signed a form giving him authorization to do so, so don't sign him anything. What's more, he is able to freeze all your bank accounts, but he cannot freeze other people bank account. So if you have an uncle or cousin that you trust, you can literally send your money there and that account won't be frozen. Disability check is not a check from a job. My friend has his wife account and his money going into it and the judge never knew for what he told me. I suggest that if you have a letter saying that you get 60% disability use that letter. Family courts are biased and 90% in favor to women. For example the mother of my kids told the judge under oath that she didn't want the retroactive pay and the judge asked her "are you sure" she said yes and guess what. The judge on her own accord without telling me in court that she was going to do it, she still put me to pay her back. Now the mother of my kids claimed that she didn't "understood" the judge question, but she is American born and raised. So if you want to win VS court you ensure that you take that 60% letter disability so that you can pay 25$ a month and work off the books and blame it in your disability and if you have to tell the judge that you live in your car because you are homeless and doesn't have enough money to sustain yourself so be it, at least until you are done with child support. Work off the books if you must, they took your family, don't let them take your money. Because I pay 600$ for 2 kids, that's just their breakfast for the month, I used to spend about 5k a month. Hold them women accountable that's all I'm going to say.
@teeybannister
@teeybannister 2 жыл бұрын
@@MYDJFIGHTER so if you don’t sign the letter, will the judge be mad and freeze all your accounts? I’m 90% disable probably going to be 100% disabled by end of this year , plus I’m making around $90k a year with my full time federal job, I wouldn’t be able to say I’m living in my car. I think they count disability as part of your income for child support purposes.
VA Disability Ratings for Wrist Conditions
20:37
Chisholm Chisholm & Kilpatrick LTD
Рет қаралды 15 М.
PTSD Stressors for VA Disability Benefits Explained
40:18
Chisholm Chisholm & Kilpatrick LTD
Рет қаралды 62 М.
coco在求救? #小丑 #天使 #shorts
00:29
好人小丑
Рет қаралды 120 МЛН
Enceinte et en Bazard: Les Chroniques du Nettoyage ! 🚽✨
00:21
Two More French
Рет қаралды 42 МЛН
Top 5 VA Errors on Veterans' Disability Claims
33:42
Chisholm Chisholm & Kilpatrick LTD
Рет қаралды 64 М.
VA Disability for Nerve Damage and Nerve Conditions
28:34
Chisholm Chisholm & Kilpatrick LTD
Рет қаралды 60 М.
VA Disability for Foot Conditions
45:07
Chisholm Chisholm & Kilpatrick LTD
Рет қаралды 142 М.
VA Back Pay (Retroactive Benefits)
40:34
Chisholm Chisholm & Kilpatrick LTD
Рет қаралды 139 М.
VA Benefits for Spouses of Disabled Veterans
31:54
Chisholm Chisholm & Kilpatrick LTD
Рет қаралды 223 М.
10 Most Common VA Disabilities Among Veterans
35:55
Chisholm Chisholm & Kilpatrick LTD
Рет қаралды 310 М.
Survivors Benefits: VA Benefits for Deceased Veterans' Dependents
30:33
Chisholm Chisholm & Kilpatrick LTD
Рет қаралды 75 М.
VA Disability for Back Pain
31:36
Chisholm Chisholm & Kilpatrick LTD
Рет қаралды 126 М.
Caring for the Veteran Caregiver 2021: Long-Term Care Benefits for Veterans and Their Caregivers
1:05:07
Caregiver Coalition of Northeast Florida
Рет қаралды 13 М.
VA Benefits for Dependents of Disabled Veterans
33:31
Chisholm Chisholm & Kilpatrick LTD
Рет қаралды 39 М.