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Veteran Mother Comes Home

San Antonio, TX Family Law and Military Divorce Blog

Tuesday, December 30, 2014

VA Disability Compensation Not Exempt From Child Support and Spousal Maintenance

Many servicemembers believe that Federal law prohibits any and all garnishment of their VA disability compensation.  Not true.

VA disability compensation cannot be divided in military divorce.  It is not "disposable retired pay" as defined in the Uniform Services Former Spouse Protection Act.

VA disability compensation, however, can be garnished for domestic support obligations, such as alimony ("spousal maintenance" in Texas) and child support.  In fact, Texas Family Code Section 154.062(b)(5) specifically includes VA disability benefits for service-connected disabilities among "net resources" for child support.

Author Jim Cramp is a retired active duty colonel and principal attorney at the Cramp Law Firm.  The Cramp Law Firm provides a spectrum of family-related legal services in the greater San Antonio Region


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