Q: Is there a California Family Code that specifically mentions that VA Disability can be used to calculate alimony?
My VA Disability has been used as "income" in calculating alimony due to my ex-wife, but I cannot find a California Family Code that specifically mentions that VA Disability can be used in the computation of income. I have found other codes that mention "income" (which disability is not), but there is nothing I can find that mentions it. Rose V Rose does not address this, as it only applies to a case where the veteran's only source of money was from his VA disability compensation and he was alleged to have not been discharging his duties to support his children. My question is: where is the law within the State of California that allows the state courts to add VA disability compensation on top of a salary? I am looking for something that specifically mentions VA Disability within CA.
A: Authority is not found in the Family Code. The Uniformed Services Former Spouses' Protection Act, found at 10 U.S.C. §1408 – exempts VA disability payments from division upon divorce. The provisions of Title 38 make it clear however, that Congress intended that VA benefits may be considered as a source of income for support purposes. [Rose v. Rose (1987) 481 U.S. 619]
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