While federal law prevents a state court from treating a disability pension as property that can be divided upon divorce, federal law does not prohibit a state court from using veteran’s disability payments to calculate child support and/or alimony payments. A decision from the New Hampshire Supreme Court affirms long-standing case law which allows a state court to calculate alimony (or spousal support) and child support based on a party’s veteran’s disability payments. In rendering its decision, the New Hampshire Supreme Court noted that Congress never intended for veterans’ disability benefits to be exclusively for the veteran. Instead, the Supreme Court noted that it was Congress’ intent that the benefits were to support the veteran’s family as well. Accordingly, the New Hampshire Supreme Court reaffirmed that the veteran benefits may be considered by the court when issuing a child support and/or alimony order.
If you have any questions regarding child support and/or alimony please contact attorney at Hamblett & Kerrigan to discuss. Let Hamblett & Kerrigan use their experience to your advantage
Kevin P. Rauseo is a former director at Hamblett & Kerrigan P.A. and has since been appointed as a Justice for the New Hampshire Circuit Court. Please feel free to contact another attorney at Hamblett & Kerrigan to discuss your legal issues.