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Old 05-18-2016, 12:33 PM
 
Location: Southern Oregon
2,716 posts, read 3,699,281 times
Reputation: 2705

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Quote:
Originally Posted by Ejvoo View Post
My ex is receiving 70% of disabled veteran. We were together for 13 years never married but has two children. Do my children get any kind of benefits???
Unfortunately the answer is no, VA disability benefits are paid to the veteran, not the family of the veteran. There are conditions that allow the surviving widow of a veteran to collect a pension from the VA under the DIC program. If your ex was 100% disabled and also claiming the children as dependents then the children would qualify for CHAMPVA medical. There are educational benefits for dependent children, however, the VA disability rating must be "total and permanent".

 
Old 05-18-2016, 12:56 PM
 
Location: St. Louis
3,287 posts, read 1,150,669 times
Reputation: 2122
My wife will receive 50% of my disability pay when I die.
 
Old 06-21-2017, 01:15 PM
 
1 posts, read 250 times
Reputation: 10
I have a similar situation, I recently found out that my ex husband has been collecting additional dependent benefits for one of our children for the past six years without my knowledge, has never provided any sort of support and the va is protecting his right to do so. I am not an attorney but isn't that fraud? several va reps have told me that if the child is his biologically he can claim him. What is he claiming? to have fathered a child that he doesn't provide any support for? I don't understand, how can the va be so stupid and just give money away like that. this man is using his disabled child for his own financial gain. To add insult to injury requesting an apportionment requires that I, the custodial parent who actually lives with cares for and supports both disabled children must show MY employment income so the va can see if removing my son from his fathers award would be A HARDSHIP FOR HIM, A HARDSHIP FOR THE PERSON THAT SHOULD NEVER HAVE CLAIMED MY SON IN THE FIRST PLACE.
 
Old 06-21-2017, 01:53 PM
 
Location: NW Nevada
12,649 posts, read 9,759,701 times
Reputation: 11473
Quote:
Originally Posted by Balad1 View Post
The VA will not forgive the overpayment, it's not a mistake but fraud plain and simple.

Straight up. he's in some trouble. 6 years worth?! Oh my... He'll be lucky if he's not charged in addition to paying it back. Defrauding a federal agency is no Twinky thing. They take a dim view of that are are pretty unforgiving. Good way to wind up pushing a shopping cart down a dingy alley with all you own in it. After getting out of prison. In the end he may be better off in prison.


With no income, and owing the feds on top of possible back child support. His disability checks are history and even if he managed to get a job his wages would be garnished to where he doesn't see a thin dime. I could almost pity the guy if it weren't for the fraud.
 
Old 06-22-2017, 12:57 AM
 
7,564 posts, read 8,142,486 times
Reputation: 11451
Quote:
Originally Posted by caridad165 View Post
has never provided any sort of support and the va is protecting his right to do so. I am not an attorney but isn't that fraud? several va reps have told me that if the child is his biologically he can claim him. What is he claiming? to have fathered a child that he doesn't provide any support for? I don't understand, how can the va be so stupid and just give money away like that. this man is using his disabled child for his own financial gain. To add insult to injury requesting an apportionment requires that I, the custodial parent who actually lives with cares for and supports both disabled children must show MY employment income so the va can see if removing my son from his fathers award would be A HARDSHIP FOR HIM, A HARDSHIP FOR THE PERSON THAT SHOULD NEVER HAVE CLAIMED MY SON IN THE FIRST PLACE.
You are making the same classic mistake so many parents make in this same situation. Basically, your going about this all wrong! The proper venue for you is with the courts. Go to court, have a judge sign an order for the spousal and/or children additional benefit payments turned over to you and the VA will do so. So, you can waste time complaining and still get nothing or you can go to court and get what your children are deserving. Your call.
 
Old 06-23-2017, 12:26 AM
 
282 posts, read 148,490 times
Reputation: 695
Quote:
Originally Posted by Vet26 View Post
Stop being greedy you talking abou what he owes you it's for the children first off second he earned that whether legal or illegal it's women like your that make me sick. Go fight for our country then worry about disability sad really. Not saying he is right but i dont feel anyone should pick at what a vet recirces period its tax free for a reason its earned not granted. Military wives just know the easy road go work for your own children! Use child support as a way to help your kids thrive not a crutch to pick at. War vet! And child support payee!
I understand where you are coming from but don't go beating up someone you have no knowledge of. For every woman (actually spouse today) that goes after a Vet's disability there is a Vet that screwed over his wife and kids during the divorce and settlement. It says his income has tripled. She's within her right to both to seek more for her kids under the law with that level of income change as well as ask questions about how disability works.

It would be different if he was unable to work due to his disability, but since he has tripled his income that isn't the case.

War Vet
Retired Military
100% Disabled and unable to work.
Bedridden
 
Old 06-25-2017, 05:45 AM
 
3,844 posts, read 3,808,926 times
Reputation: 3709
Quote:
Originally Posted by AtheistAstroGuy View Post
I understand where you are coming from but don't go beating up someone you have no knowledge of. For every woman (actually spouse today) that goes after a Vet's disability there is a Vet that screwed over his wife and kids during the divorce and settlement. It says his income has tripled. She's within her right to both to seek more for her kids under the law with that level of income change as well as ask questions about how disability works.
Sadly, what we have here is one persons story about a two story case.
No one knows the other persons side of the story.

The OP is probably stating everything correctly as she knows it. But we still don't know the other side.

OP is seeking an increase in child support as she states that ex-husband has increased his income.
This is not a VA issues.

As with a few/some/many divorce cases the hatred for former spouse appears to be all consuming.
OP has stated that she has spoken with her attorney but not had a consultation - whatever that means.

None reading here know what the divorce decree states. The OP implies that she is getting some child support. OP states that there is dental payments for children but never been paid. Apparently OP has let this slide over the time period of divorce.

On surface, it appears OP wants more money as ex-spouse is apparently making more money. Most divorce decrees do not have an escalation clause but if this one does please state it.

The sad thing about some divorces is the hatred and animosity the continues to percolate.

Bottom Line: Is all of this a VA case or a divorce attorney case?
 
Old 06-25-2017, 08:34 AM
 
Location: New Mexico U.S.A.
23,007 posts, read 35,250,917 times
Reputation: 26706
This thread began on 01-03-2011. The Original Poster has not returned to City-Data since 2012. If they return, the discussion can be continued. Otherwise this thread is closed...

Additional information is available from:

Office of Public and Intergovernmental Affairs
Federal Benefits for Veterans, Dependents and Survivors
https://www.va.gov/opa/publications/benefits_book.asp
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