When people seek a divorce and one of the spouses has a military disability benefit that he or she is collecting, courts around the country have ruled somewhat differently with regards to whether those disability benefits should be counted when calculating the issue of spousal support. As a result of this confusion, a disabled veteran in Oregon has asked the United States Supreme Court to hear the issue and to make a ruling that will be followed in a uniform manner.
The case stems from a divorce case in Oregon where the husband was diagnosed with Post-Traumatic Stress Disorder, or PTSD, after serving in the military. He was ruled to be someone who would not be able to obtain gainful employment and was awarded a monthly disability benefit. He and his wife sought a divorce and the state court ruled that the disability benefit, which is the man’s sole source of income, should be included when deciding on spousal support.
The man and his divorce lawyer claim that this ruling violates federal law, and based on decisions made by state courts around the country there appears to be some confusion as to how this issue should be handled. No word was given as to whether the Supreme Court would hear the case, but supporters hope that some degree of order will be provided if the court decides the issue.
San Diego Military Divorce Lawyers
Unfortunately, there are some complicated issues that can arise when members of the military seek a divorce. As a result, mistakes can be and are made by attorneys and judges alike to the detriment of military personnel. Any military member who is facing this situation needs to obtain the help of professionals who have not only served in the military but who understand the intricacies of these laws and standards.
If you are a member of the military and you are facing the end of your marriage, you need to seek the help of San Diego military divorce lawyers who have been fighting for the rights of clients successfully for many years. Contact the Men’s Legal Center today to schedule an initial consultation.