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Old 12-16-2012, 11:41 PM
 
1 posts, read 1,521 times
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I am new to the site and I hope someone can help me. I recently found out that my ex received a lump sum settlement from his VA pension that he applied for in 2002. However, he claimed our daughter as a dependent but he never supported her. She is now 23. Would she still have been entitled to the portion he got under that claim? Thanks
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Old 12-16-2012, 11:43 PM
 
Location: Upper West Side, Manhattan, NYC
15,323 posts, read 23,903,789 times
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Do you have any documentable proof he never supported her?
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Old 12-17-2012, 04:40 AM
 
Location: Skokiewood
732 posts, read 2,980,475 times
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Why is this in the Chicago forum?
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Old 12-17-2012, 06:42 AM
 
8,425 posts, read 12,178,741 times
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Quote:
Originally Posted by Cheated Mom View Post
Would she still have been entitled to the portion he got under that claim? Thanks
The short answer is no. Does your ex owe you back child support?

See a lawyer.
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Old 12-17-2012, 08:39 AM
 
2,918 posts, read 4,205,178 times
Reputation: 1527
Quote:
Originally Posted by Thepreacherswife View Post
Why is this in the Chicago forum?
Or any relocation forum? Very confusing. There have to be better places than here to ask this question online. Legal forums? VA forums? Child support forums?
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Old 12-17-2012, 09:49 AM
 
Location: River North, Chicago, Illinois
4,619 posts, read 8,164,989 times
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Quote:
Originally Posted by ChiNaan View Post
Or any relocation forum? Very confusing. There have to be better places than here to ask this question online. Legal forums? VA forums? Child support forums?
Lawyer's office ...
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Old 12-17-2012, 10:04 AM
 
14,798 posts, read 17,672,141 times
Reputation: 9246
Quote:
Originally Posted by Thepreacherswife View Post
Why is this in the Chicago forum?
Quote:
Originally Posted by ChiNaan View Post
Or any relocation forum? Very confusing. There have to be better places than here to ask this question online. Legal forums? VA forums? Child support forums?
Quote:
Originally Posted by emathias View Post
Lawyer's office ...
All of these
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Old 12-17-2012, 10:08 AM
 
Location: Not where you ever lived
11,535 posts, read 30,247,739 times
Reputation: 6426
I do not know how the military operates today. I only know from past experience.

The military is complicated. It is filled with archaic laws, rules, and regulations, that make it difficult to get most civilian court orders enforced - child support excepted. Generally, to make a claim you bear the burden of proof. You must provide supporting documents such as: Marriage license, birth certificate, divorce degree. Then you answer the $10000 question? Why did you NOT apply for child benefits when you divorced?

Why is not ours to know. . . but you should understand your answer will probably require additional documentation. A Legal Separation (signed by judge) does not absolve a serviceman of his legal obligation to support his children. And yes, a serviceman can be required to pay child support for every child that is legally his. No proof? DNA is the answer.

Do be aware that the legal time limit to apply for a specific benefit may now be expired.

Who claimed child on federal and state tax returns is probably moot unless it is written into the divorce decree. However, I do not believe that two parties can take the same deduction for the same child in the same year. However the law would probably not err on the side of the parent who did not pay court ordered child support - providing you both filed federal income tax the same year.

Divorce, Death and Taxes are always messy.
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