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Old 01-03-2011, 10:03 PM
730 posts, read 2,221,940 times
Reputation: 727


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???

Old 01-03-2011, 10:59 PM
Location: Hawaii
1,707 posts, read 6,955,378 times
Reputation: 1076
They will definitely garnish him for the over payments between being single and married with 2 children. The best I can figure at 70% disability that would be a difference of $233 per month (current pay tables).

I am sure there is an amount that you have in your head that you feel he owes the kids every month. As long as it's a realistic amount I would pressure him to agree to new support payments in writing. If he won't agree I'm not sure what I would do; as you mentioned you might end up with nothing.

PS: Forget any back payments, that's probably a bridge too far.

Good luck
Old 01-03-2011, 11:14 PM
730 posts, read 2,221,940 times
Reputation: 727
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.
Old 01-03-2011, 11:35 PM
Location: Hawaii
1,707 posts, read 6,955,378 times
Reputation: 1076
The VA will not forgive the overpayment, it's not a mistake but fraud plain and simple.
Old 01-04-2011, 10:09 AM
45,608 posts, read 26,061,390 times
Reputation: 10836
I come up with $111 a month difference between having a spouse and 2 children, and a Vet and 2 children

Veteran with Spouse & Child ='s $1,409 + 52 for each other child under 18, $1409 + 52 ='s $1461

Veteran with Child Only ='s $1298 + $52 for each child under 18. $1298 + $52 ='s $1350.

$1461 - $1350 ='s $111 differnce a month....

Compensation Rate Table - Effective 12/1/09 (U.S. Department of Veterans Affairs)

This is all at the rates for today. You would also have to look at the other years, as we have recieved increases throughout those years (when the divorce happened the compensation was less).

Either way, he should have told them he was divorced and start recieving the correct amount.

You have the right to ask him for more money, if you go to court it could cost you more than he has recieved in overpayment. ($111 x $84 months, on the high side is $9324)

It cold cost more than that in court fees??? Don't know, I have never been to court...my first divorce was uncontested....

If you like him or not, again, you have the right to ask....be nice about it...not over bearing...get your ducks in a row and show him on paper what a court could grant you and what you are actually wanting....
Old 01-04-2011, 10:33 AM
Location: Hawaii
1,707 posts, read 6,955,378 times
Reputation: 1076
When a Vet doesn't have custody of his/her kids do they qualify for the extra money for them from the VA?
Old 01-04-2011, 12:23 PM
45,608 posts, read 26,061,390 times
Reputation: 10836
Originally Posted by Balad1 View Post
When a Vet doesn't have custody of his/her kids do they qualify for the extra money for them from the VA?
Thats a very good question....

I'll search that....

but that only raises the $ amount 11 dollars per month From $111 to $122...a vet with 2 children.

A veteran alone at 70% recieves $1228 monthly.

A veteran with child is $1298 + $52 for the other child.

$1298 + $52 = $1350

$1350 (vet with 2 children @ 70%) - $1228 (Vet alone @ 70%) = $122

Either way it's not right for him to do that.

Still looking for that question.
Old 01-04-2011, 12:37 PM
Location: Hawaii
1,707 posts, read 6,955,378 times
Reputation: 1076
The OP states he's receiving benefits for having a spouse and 2 children; that's where I came up with the other $.
Old 01-04-2011, 12:51 PM
Location: Spots Wyoming
18,695 posts, read 41,362,835 times
Reputation: 2147483647
Don't know for sure. But military pay says "With Dependents". Even if you are divorced, "With Dependents" includes any child you are paying child support for. Even if your child support is less then what "With Dependents" pays.

Doesn't relieve the spouse part though.
Old 01-04-2011, 01:15 PM
730 posts, read 2,221,940 times
Reputation: 727
His checks are 1461 monthly.

Based on the most recent chart it breaks down like this @ 70%

Veteran, spouse & child 1409 add 52$ for additional child.

I do not know the official answer to the question about drawing VA benefits for children who do not live with you (have tried to look this up), but I will most likely know soon.

Like the above poster-I would assume that they can still be his counted as dependents if he is paying court ordered child support regardless of how little the amount is.

I have pondered the fact that if he just continues to draw that same disability amount at least it could be factored into his income making his child support amount higher if the court decides do do a standard percentage of his annual income. However, I supposed letting him do that would still be fraud, even if it works in the kids/my favor to do it that way.
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