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38 U.S.C. § 5307 — Apportionment of benefits

submitted 68 years ago by Pub. L. 85-857 to r/title-38-VETERANS-BENEFITS · 199 words · no verdicts yet

in plain englishAI-generated · not legal advice

Certain payments connected with a veteran may be divided for the benefit of the veteran’s spouse, children, or dependent parents in specified circumstances. The Secretary may prescribe how those divisions are made.

(a) All or part of compensation, pension, or emergency officers’ retirement pay payable because of a veteran may be divided: (1) if the United States or a political subdivision is providing hospital, institutional, or domiciliary care to the veteran, for the veteran’s spouse, children, or dependent parents; and (2) if the veteran does not live with the spouse or the children are not in the veteran’s custody, as the Secretary prescribes.

(b) If a deceased veteran’s children are not in the surviving spouse’s custody, the pension, compensation, or dependency and indemnity compensation otherwise payable to the spouse may be divided as the Secretary prescribes.

(c) If the veteran does not live with the spouse or children are not in the veteran’s custody, the chapter 31 subsistence allowance or the chapter 34 educational-assistance allowance portion payable for dependents may be divided as the Secretary prescribes.

the actual law source: uscode.house.gov ↗public domain
(a)

All or any part of the compensation, pension, or emergency officers’ retirement pay payable on account of any veteran may—

(1)

if the veteran is being furnished hospital treatment, institutional, or domiciliary care by the United States, or any political subdivision thereof, be apportioned on behalf of the veteran’s spouse, children, or dependent parents; and

(2)

if the veteran is not living with the veteran’s spouse, or if the veteran’s children are not in the custody of the veteran, be apportioned as may be prescribed by the Secretary.

(b)

Where any of the children of a deceased veteran are not in the custody of the veteran’s surviving spouse, the pension, compensation, or dependency and indemnity compensation otherwise payable to the surviving spouse may be apportioned as prescribed by the Secretary.

(c)

If a veteran is not living with the veteran’s spouse, or if any of the veteran’s children are not in the custody of the veteran, any subsistence allowance payable to the veteran under chapter 31 of this title or that portion of the educational assistance allowance payable on account of dependents under chapter 34 of this title may be apportioned as may be prescribed by the Secretary.

Source credit: (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1231, § 3107; Pub. L. 92–540, title V, § 505, Oct. 24, 1972, 86 Stat. 1099; Pub. L. 98–160, title VII, § 703(2), Nov. 21, 1983, 97 Stat. 1010; renumbered § 5307, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–83, § 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)

history & why it existsrecord from the source credit
  • 1958Enacted · Pub. L. 85-857 · 72 Stat. 1231
  • 1972Amended · Pub. L. 92-540 · 86 Stat. 1099
  • 1983Amended · Pub. L. 98-160 · 97 Stat. 1010
  • 1991Amended · Pub. L. 102-40 · 105 Stat. 238
  • 1991Amended · Pub. L. 102-83 · 105 Stat. 404, 405

A history note hasn’t been published yet. The record shows enactment by Pub. L. 85-857 on 1958-09-02.

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