Question About "with" Dependent Rate

[Rob m]

I haven't filed my claim yet, but trying to learn as much as possible first. I have two children (one of which I claim for tax purposes) who don't live with me full time, only part time (spring break and practically all summer). By looking at the comp tables I see there are additional monies paid for children.

My question is, if I file a sucessfull claim will I recieve the additional amount for the 2 kids who don't live with me? What about the one child I claim for tax purposes?

FYI, I pay child support for each and I'm current with all payments.

Thanks

Rob

[carlie]

Rob m,

Is this court ordered child support ?

carlie

[Philip Rogers]

You should. I believe you must be 30% or more to receive monies for dependants. Unless you've just recently been discharged why would you wait to file your claim?? Every day you wait is lost money should you prevail. jmo

pr

I haven't filed my claim yet, but trying to learn as much as possible first. I have two children (one of which I claim for tax purposes) who don't live with me full time, only part time (spring break and practically all summer). By looking at the comp tables I see there are additional monies paid for children.

My question is, if I file a sucessfull claim will I recieve the additional amount for the 2 kids who don't live with me? What about the one child I claim for tax purposes?

FYI, I pay child support for each and I'm current with all payments.

Thanks

Rob

[Testvet]

I haven't filed my claim yet, but trying to learn as much as possible first. I have two children (one of which I claim for tax purposes) who don't live with me full time, only part time (spring break and practically all summer). By looking at the comp tables I see there are additional monies paid for children.

My question is, if I file a sucessfull claim will I recieve the additional amount for the 2 kids who don't live with me? What about the one child I claim for tax purposes?

FYI, I pay child support for each and I'm current with all payments.

Thanks

Rob

yes it does not matter where the children actually reside just that you support them, my son lives in Harlem Ga I get money for him and will until he graduates in June 2010 at age 18 but for me the best part was the SSD check covered my child support issue I am hoping he will move here to take advantage of the South Carolina tuition free college but that is something he needs to deal with at least he won't have to join the military to get money for college like I did decades ago but like the other stated you need a 30% or higher ratings combined to get dependents support. good luck if you don;t know where their birth certificates are now is a good time to start getting them

[Rob m]

Carlie---Yes, it is court ordered child support

Philip--I'm still active duty, I'll be retiring about this time next year and will file a claim at that time. With my conditions (partial loss of skull) I feel like I will recieve more than 30% and qualify for "with" dependent rate.

Thanks for the inputs

[carlie]

Rob m,

Research here:

§ 3.57 Child.

http://ecfr.gpoaccess.gov/cgi/t/text/text-....41&idno=38

[Testvet]

Rob m,

Research here:

§ 3.57 Child.

http://ecfr.gpoaccess.gov/cgi/t/text/text-....41&idno=38

this paragraph covers it

(d) Definition of child custody. The provisions of this paragraph are for the purpose of determining entitlement to improved pension under §§3.23 and 3.24.

(1) Custody of a child shall be considered to rest with a veteran, surviving spouse of a veteran or person legally responsible for the child's support if that person has the legal right to exercise parental control and responsibility for the welfare and care of the child. A child of the veteran residing with the veteran, surviving spouse of the veteran who is the child's natural or adoptive parent, or person legally responsible for the child's support shall be presumed to be in the custody of that individual. Where the veteran, surviving spouse, or person legally responsible for the child's support has not been divested of legal custody, but the child is not residing with that individual, the child shall be considered in the custody of the individual for purposes of Department of Veterans Affairs benefits.