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  1. #1
    hermom1127 is offline Member
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    Veterans Benefits for Dependants

    What is the name of your state (only U.S. law)? TX

    Last year (1/2008), I received an increase in child support for our daughter. My ex was receiving pay for 60% disability through the VA. I have just learned that he is now considered 100% disabled. He does not pay his child support and hasn't since the modification.

    My question is does our daughter qualify for any dependant benefits or SS benefits since he is 100% disabled and not paying his child support? I am visiting with the VA office Monday, but was just curious as to what to expect if anything.

    I heard once that VA compensation cannot be made to pay child support. Is that true?

    Thank you.
  2. #2
    IrishLady47 is offline Member
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    VA disability benefits cannot be garnished by court order like wages. However, you can apply for apportionment of his benefits on behalf of the child. Ask about that when you go to the VA office. And, if he is waiving military retired pay to receive VA benefits, it may be possible to garnish.

    There are also other benefits for children of 100% disabled veterans. Go to [url=http://www.va.gov]U.S. Department of Veterans Affairs[/url].

    Unless he also receives SSDI, your child is not eligible for any SS benefits.
  3. #3
    hermom1127 is offline Member
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    Thank you so much. I suspected that there was something I could do, but I wasn't sure of what.

    I have researced the VA website and it's great to know that she will have educational benefits in the future. I'll definitely ask for more info when I go to the office on Monday.

    As for SS benefits, I think he is collecting that, but I can't be sure so I have an appointment with them.

    I know that he was collecting retirement, but it was on a temp basis and I believe he could not be reinstated and was able to move from 60% disability to 100%. I'll just check. Again, thank you.
  4. #4
    IrishLady47 is offline Member
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    It sounds as if he was retired for disability (often a soldier is first placed on the temporary disability retired list, then moved to the permanent) and then applied for VA disability. He would have to waive the amount of his retired pay equal to the VA disability. At 60%, and certainly 100%, the VA disability was probably greater and he is waiving all of the retirement.

    But, since military retired pay is garnishable for child support, even if waived for VA benefits, that gives you more options. Information about garnishing retired pay, and the limitations, are at [url=http://www.dfas.mil]DFAS -- HOME[/url]

    Do not get too excited about apportionment. The amount in the court order is not what VA looks at. They consider all income and expenses of both the veteran and the dependent requiring support. They may only apportion the part of the VA benefit he receives for having a child. That is only $101 a month.
  5. #5
    hermom1127 is offline Member
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    That's right. He was on temp retirement and when he was, I was receiving the CS through the military. After the modification in 1/2008, I didn't recieve anything and the AG has never gotten any hits on his SSN. Now, at the time of the mod, he was 60%, but new paperwork is indicating 100% disability through the VA.

    I think he collected SS benefits at one point too, but he doesn't tell me anything. I know that our daughter is now on tricareVA, but I don't know what that means and i've never received paperwork on it...it just started to show on her medical bills.

    Any other advice or info?
  6. #6
    IrishLady47 is offline Member
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    Until you can ascertain exactly what his entitlements are, you can't know what his daughter's are nor the best means to apply for child support.

    The fact that she is now covered by CHAMPVA confirms that he is now considered 100% disabled by the VA. However, whether he is still on the TDRL or PDRL and waiving retired pay is something you need to find out.

    Hopefully, your appointments with the VA and SS will give you the information you need.
  7. #7
    hermom1127 is offline Member
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    I'm submitting this info for others to reference.

    Apparently, my ex is not 100% disabled and it's not ChampVA he is receiving, but TricareVA. There is a difference.

    The VA office wasn't able to locate my ex's percentage of disability because my ex went through VA.gov only and did not seek help from and advocate at the VA office, but he does receive disability.

    The VA office explained to me the procedure for apportionment and we are going to proceed with it. VA money is some of the most protected money in the world so state orders cannot take child support from it. However, I, the CP can request and apportionment on behalf of our daughter.

    We will request, in writing, this apportionment and attact any/all documentation that states he isn't paying child support and that is why we are asking for the apportionment. Then, my ex will be notified about the request and given the chance to answer. If he doesn't answer, the VA will apportion what they see fit based on the evidence I have submitted which will also include the orders and the fact that he doesn't pay our daughters half of the medical bills.

    If my ex chooses to answer and deny apportionment, the VA will ask that he fill out one of their forms that asks for documentation of every expense he has. EVERY penny must be accounted for. Then, the VA will base the apportionment on that if there is anything left to apportion.

    Sound familiar? Just wanted everyone to be able to understand this better in case they have to go through the same thing. If I messed up anything, I apologize in advance.
  8. #8
    IrishLady47 is offline Member
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    You've explained it extremely well. It is a shame he is not 100% because of the other benefits to dependents.
  9. #9
    MarkBeres is offline Junior Member
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    Disability Benefits Belong to the Veteran, Period

    Let me correct the misinformation being propogated on this web-thread. TDRL Disability Compensation is the sole & separate property of the disabled veteran. It is not 'retirement', it is disability and is not apportionable as marital property, either before or after a divorce action. See Thomas v. Piorkowski.

    The nation has an obligation to care for its wounded. Just because a former spouse was married to a veteran does not exempt him or her from the rest of society's obligation to care for the casualties of war. The diversion of veteran's benefits to third parties is contrary to federal law, and the slimy way lawyers circumnavigate these prohibitions, such as the 'clause of indemnity' and theory of constructive trust, must be stopped.

    Society has other ways of caring for dependents and others. Fleecing injured veterans is not one of them.
  10. #10
    Antigone* is offline Senior Member
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    Quote Originally Posted by MarkBeres View Post
    Let me correct the misinformation being propogated on this web-thread. TDRL Disability Compensation is the sole & separate property of the disabled veteran. It is not 'retirement', it is disability and is not apportionable as marital property, either before or after a divorce action. See Thomas v. Piorkowski.

    The nation has an obligation to care for its wounded. Just because a former spouse was married to a veteran does not exempt him or her from the rest of society's obligation to care for the casualties of war. The diversion of veteran's benefits to third parties is contrary to federal law, and the slimy way lawyers circumnavigate these prohibitions, such as the 'clause of indemnity' and theory of constructive trust, must be stopped.

    Society has other ways of caring for dependents and others. Fleecing injured veterans is not one of them.
    Gee, thanks for resurrecting a thread from the dead. What a way to start
  11. #11
    IrishLady47 is offline Member
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    Since it has been resurrected, let's clarify the issue. Disability is NOT subject to division as marital property--but that was not what the thread was about. Even disabled veterans are expected to support their dependent children within their capacity to do so. And, that is why there are procedures to do so.
    Last edited by IrishLady47; 03-10-2010 at 05:15 PM. Reason: grammar

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