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Va Disability Pay count as income in Alimony Garnishment?

My husband is a 100% disabled combat vet. He receives VA disability compensation and Social Security Disability. His ex divorced him in Vermont after 20 yrs of marriage (had a boyfriend) in Jul 2000,...

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Re: Va Disability Pay count as income in Alimony Garnishment?

dean9908 wrote: Section 207 of the Social Security Act (42 U.S.C. 407) protects Social Security benefits from assignment, levy, or garnishment. However, the law provides exceptions:Section 459 of the...

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Re: Va Disability Pay count as income in Alimony Garnishment?

It sounds like you have your court date. Do you have the SSA law that states the above (55%) is so and can you post it here.

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Re: Va Disability Pay count as income in Alimony Garnishment?

dean9908 wrote: It sounds like you have your court date. Do you have the SSA law that states the above (55%) is so and can you post it here.Justia> Law> United States> Code of Federal...

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Re: Va Disability Pay count as income in Alimony Garnishment?

(2) Sixty percent of the obligor's aggregate disposable earnings for any workweek, where the obligor fails to assert by affidavit or establishes by other acceptable evidence, that he or she is...

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Re: Va Disability Pay count as income in Alimony Garnishment?

No, I re-read it. It appears you need to present that you are supporting another spouse and child.

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Re: Va Disability Pay count as income in Alimony Garnishment?

http://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=_h0409c1.docx&DocumentType=Bill&BillNumber=0409&Session=2010this file was too long to cut and paste, so follow the...

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Re: Va Disability Pay count as income in Alimony Garnishment?

The 60% rate is only for single people.  The 50-55% rate applies to married head of house hold which I am.

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Re: Va Disability Pay count as income in Alimony Garnishment?

Dean, the signed court order had an inked in remark by the judge that I was a married Florida resident...it was on the 1st page of the order, so who ever processed it should know that I am married.

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Re: Va Disability Pay count as income in Alimony Garnishment?

Sounds like you have it under control and your headed to court to fix it.

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Re: Va Disability Pay count as income in Alimony Garnishment?

Is there a difference in Social Security benefits and SSDI?????Also, again, I recommend trying to find out how she tracked the SSDI payments of the child. Ask for a copy of receipt and expenditures....

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Re: Va Disability Pay count as income in Alimony Garnishment?

New update:  Yesterday I sent an email to the regional director of Soc. Sec. (a Mr. West) explaining the their COGS system was garnishing all of my Soc. Sec. disability pay.  I received a phone call...

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Re: Va Disability Pay count as income in Alimony Garnishment?

Either way 55 or 60% of nothing is still a lot of money.........guess it dont matter if you get to live or not! screw em all.

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Re: Va Disability Pay count as income in Alimony Garnishment?

38 USC 5301 is the protection of VA disability compensation against alimony awards to third parties. Although they contribute to the problem, state court judges, lawyers, and state legislators see...

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Re: Va Disability Pay count as income in Alimony Garnishment?

I'm having a hard time feeling sorry for you because I got ripped off from my ex. Your problem could have been taken care of from the beginning if the ex husband had been watching what he was doing....

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Re: Va Disability Pay count as income in Alimony Garnishment?

Just to follow up, After the family court ordered the garnishment of 100% of my husband's SSD, we appealed to the Supreme Court in Vermont and won the case.  The family court erred in using his...

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Re: Va Disability Pay count as income in Alimony Garnishment?

good for you !!!

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Re: Va Disability Pay count as income in Alimony Garnishment?

out damn standing.

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Re: Va Disability Pay count as income in Alimony Garnishment?

If, and when the question is a disabled veteran’s VA disability compensation as alimony/support, something to consider first. The “separation of powers” doctrine is completely ignored by Vermont and...

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Re: Va Disability Pay count as income in Alimony Garnishment?

Vermont Supreme Court decision: http://info.libraries.vermont.gov/supct/current/op2010-057.html  The ex died three months ago!

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