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Veterans' Disability Benefits Are Income for Child Support and Alimony Purposes
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Summary: Veterans' Disability Benefits Are Income for Child Support and Alimony Purposes
Veterans' Disability Benefits Are Income for Child Support and Alimony Purposes
While federal law prevents a state court from treating a disability pension asproperty 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.