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 director at Hamblett & Kerrigan P.A. He concentrates his practice in the areas of family and divorce law, Collaborative law, child custody and visitation, child support and alimony, personal injury, insurance defense, slip and fall accidents, automobile and truck accidents, motorcycle accidents, premises liability, dog bites and civil litigation. He is a member of the International Academy of Collaborative Professional and has previously served on the Public Education Advisory Panel of the Academy and Professional Development Committee. He is also a founding member of the American Academy for Certified Financial Litigators and a member of the Collaborative Law Alliance of New Hampshire. AV Preeminent Rated by Martindale-Hubbell. Recipient of the 2014 Nationally Ranked Top 10 Attorney Award from the National Academy of Family Law Attorneys (NAFLA). You can reach Attorney Rauseo at firstname.lastname@example.org.