Lump Sum Disability awards and ethical use of funds.

[divefree1]

Hello all, this will touch a few of you out there. I won't post this on Facebook as most of my family would not understand this issue.
I've been in since 1990, I was married in 2010. In 2009 I was in Afghanistan again for the third time. I'm infantry so you can imagine the fun times had by all. I came home with an OSI and eventually diagnosed with PTSD. I applied to VAC and received lump sum disability awards for pain and suffering. Now here is the kicker, my wife at the time decided on her own accord to transfer funds to her own Tangerine account and possibly to another person.
I discovered transfers of money in 2016, but by then it was too late. We separated in 2017. I got a bad lawyer, she said 'too bad, so sad, the money is gone'. On top of the money being gone, the opposing council is seeking arrears for payments received in 2017. (kind of like robbing Tim Hortons in the middle of the night and asking for a tip on your way out). My lawyer also brought up the case of Rooker vs Rooker, 2017. Wherein the ruling now covers all veterans seeking an appeal to not have their awards used for section 3 and 7 support payments. Rooker lost his appeal, that's why may lawyer says I have to add the award to my salary and then calculations would be made off of my new number. I have four amazing kids, just my section 3 expenses are $2400/month plus section 7 expenses. Unfair? Just a bit. So now I am without a lawyer and seeking legal aid to just get through the property division.
So, if you are about to receive a disability award, beware and don't fall into the same trap that I did.
I you have some experience with this issue I look forward to hear from your comments.
Have a great day.

 

[divefree1]

Is it possible for your spouse to "gift" your disability awards to her friend? If that friend is my army buddy, now retired, then what?


Thanks

 

[brihard]

Is it possible for your spouse to "gift" your disability awards to her friend? If that friend is my army buddy, now retired, then what?


Thanks

Are you talking about a VAC disability lump sum? Like your spouse took your DA out of a shared bank account and gave it to someone else?

 

[PMedMoe]

Are you talking about a VAC disability lump sum? Like your spouse took your DA out of a shared bank account and gave it to someone else?

EDITt: NOW MERGED

Thanks, Mods.

 

[Sub_Guy]

Is it possible for your spouse to "gift" your disability awards to her friend? If that friend is my army buddy, now retired, then what?

Your wife gave your "army buddy" your money?

For starters maybe you should consider visiting your buddy, don't forget the Louisville Slugger.

As for the money, at the time it sounds like you were still together, so there probably isn't much you can do.

 

[Remius]

Agree with Dolphin Hunter.  If the money was spent or given away while you were together, I doubt there is much you can do.  As much as visiting your buddy with a baseball bat sounds appealing, don’t.  It will compound your problems more than you can imagine.

As far as your child support is concerned, make sure you request her earnings every year to see if that number might change.

I’ve seen so many people get screwed over that way. 

None of this is easy.  Just know that it eventually gets better. A lot of us have been through that whirlwind.

 

[Halifax Tar]

I have nothing to add but I just wanted to express my sympathy and empathy towards your situation. 

As others have said its not easy but you will get though this. 

 

[rnkelly]

Divefree1- Stay strong buddy, Canada will forever be indebted for your service and you should be proud.

 

[Jarnhamar]

Divefree,

Get a good lawyer and find out your options. A number also give free advice.

If you were getting a divorce you couldn't start giving away your savings account and four wheeler and hot tub to "a friend" as a gift.
I would think the same principle applies with your situation, it might just take a lawyer some time and effort (which you'll pay for). Especially if it's clear the gift was to to transfer funds to avoid them being split.