Resolution TitleFamily Reunification Services
Date CreatedApril 28, 2024
Proposal TypeNew
State/Territory Chapter Submitting (Primary Sponsor)CA
Business Case

In many states and jurisdictions, Veterans who have no criminal charges and receive VA Disability Compensation for their service-connected illness or injuries in an amount greater than the Federal Poverty Level Income Guidelines do not qualify for a court reporter in Family to document the court proceeding. Court reporters provide transcripts. If an appeal is needed the veteran can’t move forward with the appeal process without a transcript. In California, for example, the fee for a court recorder is currently $2000 without a waiver. Veterans are also often disqualified from housing assistance, legal aid/assistance and court fee waiver.

These veterans are also often not eligible for court-appointed attorneys, forcing the veteran to pay full price for services at $300 to $500 per hour, after a $10,000 or more retainer fee is paid upfront. In addition to the court fees and other costs, the veteran still has full housing espenses while only receiving VA Disability Compensation. Even low income housing becomes challenging to obtain or maintain when the VA Disability Compensation is counted as income because it disqualifies the veteran from the majority of the assistance that may be available. After paying $2,000 for a Court Reporter and adding on other Court Costs and fees there is not much left to even pay for subsidized rent. The same issue exists when veterans apply for Veterans Affairs Supportive Housing (VASH). All Veterans do not qualify for HUD-VASH as the VA Disability Compensation is counted against that as well. Even if the veteran is allowed to go through the HUD-VASH process the Landlord will still put the “Market Rate” on the RTA packet causing the veteran to pay more for the housing than if the veteran didn’t use the HUD VASH Voucher at all.

Recommendation

The Enlisted Association of the National Guard of the United States supports the exemption of VA Disability Compensation when veterans are seeking Family Reunification Services in Family Courts or applying for housing assistance through the HUD-VASH program or other services. We also support initiatives to provide full legal service to veterans seeking Family Reunification Services in family court.

References1. https://abc7.com/court-la-superior-reporter-courtroom/12410789/ 2. https://www.wshblaw.com/publication-court-reporter-shortage-sparks-creative-measures 3. https://www.newschannel6now.com/2022/04/28/nationwide-shortage-court-reporters/ 4. https://courtscribes.com/court-reporter-shortage-hits-broward/ 5. https://patch.com/new-york/queens/amid-shortages-one-queens-woman-aims-bring-back-court-reporting 6. https://vimeo.com/820850085
File UploadWhite-Paper-Family-Reunification-Services.pdf