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Old 02-03-2005, 06:27 AM
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Default Divorce

Ok guys, here is the question of the day:

What are my rights and her's as far as my disability pay is concern. Currently rated at 100%

Thanks for the help!

Trav
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Old 02-03-2005, 06:47 AM
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Catman, I don't know about disability pay, I know that military retirement pay can be taken by the exspouse based on the number of years you were married. If you don't have any child support they can't take your disability.
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Old 02-03-2005, 06:49 AM
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Different states, different laws. However, most states are similar to Massachusetts. A disability check is not touchable in a divorce proceeding. A close friend of mine was old enough to retire and his wife had filed divorce papers. He filed for a disability retirement which was actually less money than a straight up retirement. The reason, she could not get the 50-50 split. A female judge gave him a good chewing out but he kept this money.

I always thought that was the way it was in all states however last April Doc Hal informed us that a judge in Tennessee ordered him to give part of his disability check to his wife.

In any case, step 1; step A; step I, first thing to do; the best way to start; SEE A LAWYER. Suggestion: go to your local VFW or American Legion. There you will meet some men, several of whom have been divorced. Ask if they know any lawyers who are also veterans. Every lawyer I know who was in Vietnam has spent time looking at veterans benefits, hey, they many be entitled to things they aren?t getting! If they do Civil Law, as in divorce, they have do doubt read about disabilities etc.

That said, you are obligated to take of minor children or children who are still in college and 22 or younger. Good luck man.

Stay healthy,
Andy
PS: Might want to talk to Bob. He has his lawyer on speed dial.
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Old 02-03-2005, 07:28 AM
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Trav
Like Andy said, different states different laws....If Minnesota has laws pertaining to alimoney, they may not care where the money comes from. Child support is the same way.
Get a good Lawyer. I mentioned this once before.....Female attorneys are ruthless
Bob K
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Old 02-04-2005, 12:21 PM
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I`d always been led to believe that disability $ was untouchable-Period.I`ve come to discover this is not really the case.All it takes is for a judge to make an order,but I only know of 2 cases that a veteran had his ex get a piece of the pie.It can happen,so get a lawyer asap.
Female divorce lawyers,as Bob says are truely vicious.Trust me on this....x5(Same women lawyer broke my balls twice!)
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