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Divorced For A While Then Remarried


grappler

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I'm 40% service connected....My question is. I was divorced for 1 1/2 and then remarried. During this time I also had three kids after being married one is 5 years old, one is 3 years old, and one is 1 year old. I have totally forgotten to report that I was divorced for that year and a half. I haven't added my kids to my pension. Will that make up for the year and a half that I was divorced or will they still doc my pension. I want to submit my three kids and add them to my pension as dependents and also my new spouse but since so much time has passed. What will the VA do???? Will I get backpay for my dependents? Will I be docked for not adding my wife for a year and a half??? Or will it just even out and they'll divee out the difference????

Thanks for the responses :rolleyes:

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grappler - STRAIGHTEN OUT YOUR RECORD. You are going to lose on this one. The VA will recoup, as they should all pay paid for your wife that was not there! They will add your new dependents but will probably will only add them effective the date of your claim for dependency. What on earth were you thinking by not reporting your divorce? Not accusing you of anything but that kind of thing is something that most would not forget! Bottom line is get it all fixed now regardless of what happens to your comp. If you do not fix it VA could contend that you meant to commit fraud and then you will be in another boat - such a decision could allow for the discontinuance of all/any type of compensation!!!!!!!!

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Thanks so much I appreciate your answer. People here really help. I in no way intended to defraud at all just never thought about it. I'm going to submit form 21-686c. Is this right.............???

I appreciate the response hopefully someone posts that has been in the same situation. I'm sure someone forgot to send the VA some info.

But what do you think will happen when I submit my 3 kids and new wife?????

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You obviously have two adjustments that will be processed: one for the period where you did not have a wife; another for the period you had another wife and subsequently adjusted upon the birth of each child.

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I think dependents are covered by the one year rule -like lots of VA stuff. Had you added your new wife within a year of the marriage - they could go back to the day she became your dependent. If you add a dependent more than a year after they become your dependent - they only cover them from the day you filed the claim for them.

They will NOT balance the dependents out (i.e. they will not allow you to keep the money you were paid for the first wife for the period you had the second wife). You could argue the point that since you had a wife - you were entitled to pay for the apouse -- but that argument wouldn't get you very far. Also it would create problems.

So your best bet is to let them recoup all you were overpaid for the first wife. Expect to be paid for the second wife from the date you add her. And I wouldn't try to argue the point that you WOULD have been entitled to benefits for your NEW dependents if you would have informed them of the changes - because you did not inform them of the changes - and any argument in that direction will probably just raise their interest in what else you might not have told them.

Thanks so much I appreciate your answer. People here really help. I in no way intended to defraud at all just never thought about it. I'm going to submit form 21-686c. Is this right.............???

I appreciate the response hopefully someone posts that has been in the same situation. I'm sure someone forgot to send the VA some info.

But what do you think will happen when I submit my 3 kids and new wife?????

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Yes tell. I think I had to submit Marrage Lic for my new Wife. And Divorce paperwork for old one (DOD Retirement Insur).

Put everything in writing and make sure they get it (receipt).

DM

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