Last month we wrote about a case involving a challenge to the practice of including veteran’s disability benefits in spousal support obligation calculations.  The case had been appealed all the way up to the Supreme Court after three courts in Oregon had ruled against the challenger, Mr. Barclay.  On October 1, 2012, the Supreme Court decided not to decide the issue, denying the petition for the Court to hear the case.

Had Mr. Barclay succeeded at the level of the Supreme Court, the consequences would have rippled throughout the country, since most states use the same or a similar approach to Oregon’s, including Virginia.  It looks like for now, however, states may continue including veterans disability benefits in their spousal support calculations.

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