Can My VA Disability Payments Be Considered Community Property?
VA disability payments may be subject to community property division only in so far as calculating them for a total of monthly earned income.
Community property in Nevada is divided equitably. Meaning any property that you acquire during your marriage is considered community property and is subject to equitable distribution.
VA disability payments are an exemption to this rule because of a federal law that trumps state laws.
Now, this is a ‘MAY’ because there are other complicated issues that go along with this. But generally speaking, your VA disability is not subject to garnishment for failure to pay child support or spousal support. And it is not subject to equitable distribution because it is for the veteran to disability.
However, the VA disability payments are used by the judges to calculate the overall monthly income to the veteran in determining the amount of money, that veteran is supposed to pay for spousal support and for child support. So although it can not be considered or may not be considered community property, and it may not be garnished, it can be used as an overall monthly income to determine the amount of payment that veteran must make towards spousal support or towards a child support payment.
This is a basic answer to this question. It is a little bit more complex than what I am explaining. If you want to discuss this further, please go to vegasdivorcemeeting.com. I’ll be more than happy to discuss this further with you.
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