Claiming Children as a military dependant.

[ChristinaR]

What is the name of your state? Texas

My Ex Husband and I have joint legal custody of our children week on, week off parenting time. I have recently found out my ex's new wife is claiming them as military dependants (Air Force) and collects money for them every month.

Can anyone tell me if that is allowed, or any other specifics on claiming military dependants?

Hi new wife has also been taking them to military Doctors of which I do not have any access to the medical records as they list her as mother. How would I go about getting those doctor records and her removed as mother of the children?

 

[craftymom]

What is the name of your state? Texas

ex's new wife is claiming them as military dependants (Air Force) and collects money for them every month.

Can anyone tell me if that is allowed, or any other specifics on claiming military dependants?

Hi new wife has also been taking them to military Doctors of which I do not have any access to the medical records as they list her as mother. How would I go about getting those doctor records and her removed as mother of the children?

She's not collecting "money" for them, per se. If you and your ex have 50/50 custody, then that allows his wife to claim them as dependants----thereby giving her, and more importantly your ex and children (!), a potentially larger allowance for housing.

i.e.---if they live on base, and it is only your ex listed as her dependant, then she only qualifies to receive a one bedroom apartment
now, say you have two daughters under age ten (I don't know, so I'm just throwing out an example) that she claims as dependants in addition to your ex.....she then qualifies for a two bedroom

So, she's not getting "money", she's getting adequate housing to suit the needs of a 'family' of the size she has.


As for the Doctor's records...while you may not be able to view the records if they are in the possession of the military clinic she is taking the children to (I don't honestly know)... but you *could* get copies through your ex.

 

[hexeliebe]

A military clinic must follow the same laws as any other cargiver organization.

If you want copies of the medical records, either have their pediatrian ask for them or have your attorney send the clinic a copy of your custody agreement and have the clinic notify you of any visits.

 

[ChristinaR]

Thank you for the answers,

They do not live on base but live in the house I was awarded in the divorce which he refuses to move from (least he's been making the payments)

I have not had any luck getting the records even when I took my custody agreement on base and showed everyone, about 20 copies and 30 different people later I still didn't get anywhere. My ex refuses to give me copies of any information at all and since there are several bases nearby and many many clinics I am unable to even locate where they have been.

what concerns me the most is that when I take the children to the doctor they have used all their life (12 and 10 years old) I have her send my Ex copies of everything including medication prescriptions, He turns around the following week and has his wife take them to different Doctors and put on different meds. I am left never knowing what is going on and am worried that the kids are going to have complications from using different asthma and allergy medications.
This is one of the issues I'm addressing in our custody case, but would honestly like to get my hands on their files from the other doctors as well.

 

[afmom]

My husband is in the military and by her claiming them as her dependents does NOT necessarily mean she is saying she is the mother. Since they are her husband's children and she is the stepmom she can put them on as dependent's. She is NOT getting any extra money for them and she is NOT going to get more bedrooms in housing because of it. All that means is that the children are eligible for military benefits such as health insurance, life insurance, bx/px, commissary, and any other facilities on base. The ONLY way they would get more than a 1 bedroom house is if the children live with them full-time. And if they ever choose to live off base she will already get the w/dependent rate because she has a spouse. So many people really believe you get extra money for having more dependents, but you don't. You could have 10 children, but get no more money than just having a spouse. As far as the medical records, you can get them, you just have to fill out a medical records release form either from your doctor to send to them or through the base hospital.

 

[afmom]

Sorry, I just noticed your reply about them living off base and already attempting to get the medical records. As I mentioned, they get no extra money for BAH by her having your children listed as her dependents. With the medical if you have tried several times, go up the military's chain of command to file a complaint and demand the records. Also, you can call TriCare to see if they have any claims listed for your children and if so, you can request a copy of the explanation of benefits and then go from there. I would also go to her First Sergeant and make your concerns known to him and they may be able to help as well.

 

[craftymom]

Also, you can call TriCare to see if they have any claims listed for your children

But to do this, you'll need the service member's SS#.

 

[hexeliebe]

And just what the hell are you doing letting him stay in the house? Kick his butt to the street then sell the home.

 

[ChristinaR]

I cant even find out what unit she is with, Ex has her SSN blocked out on all the interrogatories and other paper work he was ordered to submit. I know what base she is stationed but that is it.


Hex I'm working on that one as soon as the custody case is over with if it isn't to late to enforce the divorce agreement
by then!

 

[afmom]

As far as findout out what unit she is with, that shouldn't be too difficult. I would start with contacting the base locator they can normally find someone at any military installation with just their name. Sometimes you can even get their address and phone number. Do you have any idea what her job is in the military? I would start by calling any unit and giving them whatever info you have, and they will help you find her. I wouldn't give up on them until they do. I know the military can be difficult, and it can take time, but you can always find the info you're looking for if you're persistent enough. What branch of the military is she in and what state?

 

[ChristinaR]

She is stationed at Brooks AFB in San Antonio, She does something with the medical files *S* my ex worked there as a civilian while we were married and that affair is what ended the marriage. I didn't even think of going to the base locator to get the information Duh!

My ex had been in the army 10 years ago, I had forgotten how much red tape and BS you have to go though just for a little information.

 

[afmom]

Here is a link I got for Brooks AFB hospital, it includes the commander, first sergeant, and all other chains of command. If you click on their names, you can e-mail them. They would be in charge of her. You may want to contact them with all your concerns, their behavior, and getting your childrens medical records. Hope this helps!

http://www.brooks.af.mil/ABG/MDS/311MDS/commander.htm

 

[ChristinaR]

Thank you so much! This looks like it will be a very helpful link to have and use!

 

[afmom]

BAS is a set amount for food for the SERVICE MEMBER ONLY. It is to make sure the military member is fed, they really don't care about the family (I know that's sad, but that's the truth of the matter.) It is $242.81 per month. That is NOT increased because of a spouse or any children and she gets that regardless. The BAH (BAQ-previously) she will get at the w/dependent rate ONLY because of her spouse. That amount is a set amounth w/dependents or set amount w/o dependents. She gets it at the w/dependents rate because of her SPOUSE ONLY. She gets no extra because of the children. The rates for Brooks AFB are as follows: For rank of E-4 it is $758 w/dependents and $576 w/o dependents, for rank of E-5 it is $822 w/dependents and $656 w/o dependents, for rank of E-6 it is $962 w/dependents and $704 w/o dependents. I don't know what rank she is, but this will give you an idea. Again, she will get the w/dependents rate only because of her spouse, she gets no extra for the children. So she is not gaining anything extra.

As I mentioned earlier, because of her listing the children as her dependants they are automatically covered under SGLI for life insurance in the amount of $10,000 per child. This is at no cost to the servicemember and she will be the beneficiary of those life insurance policies. You may want to talk to your lawyer and see if that can be changed to you or your husband.

My husband is in the AF as well so I am VERY familiar with it all. If you have any other questions let me know. I will do my best to help you. Also, as far as the medical records I know that you can get a copy of them. We did with ourselves, our daughter, and my step-daughter (who lives with her mother.) Since you are her bm, you have the right to that and the military will abide by that. You just have to go through the red tape and be INSISTENT.

 

[ChristinaR]

Thank you Carre it does help, If I cant get anywhere through the above link and contacts I guess I will have the judge take care of it as soon as we are in front of her again.
I have a hearing set in a couple of weeks on contempt (My ex not bringing my daughter back for my weeks) I'll see if the judge can order that as well, This judge hates game playing and she is known to really come down hard I hope she holds true to that history of hers *S*

Thank you AFMom that is so very helpful, She is currently an E-6, I will bring up the life insurance to my attorney as well and get it where me and my Ex are the beneficiaries.
Do you know if she can still claim them if I get joint custody with me as the custodial parent and them having standard visitation?