VA disability/child support (credit, lawyer, dependents, income)
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Don't let his lack of intergrity cause you a moral dilemma; it's not up to you to report him and put you and the kids in a bad position.
The bottomline is tell him that you are going to get a fair amount for the kids one way or another and if it goes to court the cat will be out of the bag. That way you don't have to threaten to report him to the VA. Believe me he'll fold before it goes too far.
I wouldn't report your ex-husband. Is he in the wrong? Possibly. Should you care? No. At this point, that is his business and your main concern should be with your children. However, if you need additional support, then request it. I know how difficult it is to be a single mother and I don't think you're being greedy
My ex husband was an active duty Marine & was awarded 70% service connected disability upon discharge.At the time he was awarded this we were married with 2 children so his disability was paid based on the fact that he had 3 dependents.
When we got a divorce he was in between jobs so we had no percentage of income to base child support on - so we just agreeded on amount that sounded fair at that time with that situation. That is the amount listed in our legally binding divorce decree.
Six years later- his income has tripled & our 2 children are becoming teenagers & I no longer believed the amount to be fair. Not to mention he is not paying the medical dental portion he agreeded to in our decree. So I requested an income verification. Although I am allowed to request this once a year but this is the first time I have actually done so.
I have not had my consultation with my attorney yet, However he suggested I go ahead & request the paperwork from my ex, as it would be less I would have to pay him if he would give it to me.
As a result I learned that for the past 6 years my ex has been recieving disability payments based on having a spouse & 2 children. He never notified them otherwise like he said he had.
My question is- Is he going to have to pay that back?? If so just the portion paid for me or for the kids as well? They only have visitation with him.
My concern is that although my child support amount is low- if they garnish this checks for back pay reasons- he may not be able to pay ANY child support.
How will this work out? Thoughts, advice???
You ex did not become disabled in order to provide for you and the children. He became disabled in the service of his country and that is why VA disability compensation is NOT treated as income. In addition to the base amount there is a small $40 amount for dependents which you may or may not be entitled to but VA Disability Compensation is not Regular Income.
VA benefits are not subject to child support. Divorced spouses can apply for an "apportionment" which is set up to no cause undue hardship to the Veteran. Can be as low as $100 per child. It is treated like a regular claim, and is not by any stretch of the imagination instant. Also biological children can be on the Veteran's award. Regardless of where they live. It is a benefit for the Vet, NOT his family or ex spouse. The half income thing is military retirement, not VA benefits. A lot of mistruths in this thread.
1. If he pays support for the children, then he is allowed to claim them as children in relation to his V.A. disability.
2. He cannot claim being married and having a spouse, unless he has remarried.
3. You cannot claim V.A. disability as any part of his income, at least not in Virginia. Income is based on Taxable income. I am divorced, and live in Va. and I had custody, and the court in determining my income would not include my V.A. Disability, based on it being nontaxable.
Now it may have changed since this determination, so in all honesty, ask your attorney, or ask someone in your local DCSE, they should know.
Am I pissed that he has been making $ off of me- yes, but at the same time knowing that he will owe THAT much in overpaid disability may screw us all. However, my attorney is experienced at this type of thing & will catch this right away. Now that I know he is collecting this illegally & so does my attorney won't WE be liable if we do not report this? I have also read it that if it will cause him "undue hardship" that he will not have to repay it.
Once again, my ex is not my favorite by any means-but I don't want to shoot myself or my kids in the foot.
I don't want back paid child support increases- I simply want an amount that is fair now that his income has changed dramatically & the kids are older FROM NOW ON.However, it is the VA may want their money back.
I would not call the amount I am wanting excessive by any means at all. The amount I would like to increase it to is STILL under state recommended guidelines.I am just nervous to pursue it now that I know it may become a HUGE mess.
You have every right to be upset. I happen to work for the VBA (Veterans Benefit Administration). My advice is to contact the Regional Hub in the city that he resides and report the fraud. If your children are still minors, I'm pretty sure that he will be made to compensate you in back benefits. Good luck to you!
is there a difference in benifits being married or single? i been married for thirty yrs and receive 50% disibility and i am getting my benifits for a single. was just wondering. if there is a difference would they pay you back pay from the date you were married?
The amount you will get back will depend first if it was your fault for not adding your wife. If the mistake is the fault of the VA then you will receive back compensation from the date your claim was accepted. You will only recieve the difference between being single and having a spouse and you will receive it based on those years payouts.
You ex did not become disabled in order to provide for you and the children. He became disabled in the service of his country and that is why VA disability compensation is NOT treated as income. In addition to the base amount there is a small $40 amount for dependents which you may or may not be entitled to but VA Disability Compensation is not Regular Income.
I completely agree with this as being a combat wounded vet and in receipt of VA comp. I just want to point this out.
Quote:
Originally Posted by PurpleRain_1
You have every right to be upset. I happen to work for the VBA (Veterans Benefit Administration). My advice is to contact the Regional Hub in the city that he resides and report the fraud. If your children are still minors, I'm pretty sure that he will be made to compensate you in back benefits. Good luck to you!
However, to this poster who says they work with the VBA. You should know an ex spouse is entitled to NO APPORTIONMENT at all - he/she is not legally married to the veteran and is barred from any entitlement to an apportionment. HOWEVER, the spouse can apply for an apportionment based of of the child, and the amount the VA will give is completely up to whomever is actually granting that apportionment IF granted. Usually it is just the difference in what the vet receives for the children for example look at the new pay table, take the "Veteran Alone" rate and the "Veteran with Minor Child" rate and the difference is what you usually get (and add if any additional children to the amount as well). That is usually the case, but it has to be shown also on income worksheets the ex-spouse is suffering financial hardship in some sort (relating to the welfare of the child) in order for the apportionment to be granted.
You'll be granted the award effective the month after your date of claim, but no earlier then that.
Also, as far as it being counted as income for child support, it all depends on what state your in. As a previous poster said they live in VA and the courts don't count it since it's not taxable income but a friend of mine who lives in MA they DO count it, even though its non taxable. it just depends on what state you live in and it's actually been a really big debate that's been kept quiet.
To the OP of this post...Just notify the VA you want an apportionment on behalf of the two children, file it, provide them with a divorce decree and call it a day. You're husband knows he should of notified us when you divorced. Doesn't matter he will have to pay that back unless some extenuating circumstances exist where we grant a waiver of the debt - but it's rare on dependency cases because they all know they should notify us of any changes.
I actually browse this site quite often and I really had to chime in on this. I just registered in order to post this but please...feel free if you have any questions ask or PM. I can give you what we call "manual references" which are backed by 38 CFR.
Sorry for such a long first post but I had to weigh in on it.
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