Retroactive Apportionment Payment To Child

[blouda]

Hello, I am seeking a load of help! I have spent at least 10 hours trying to find the answer to this question. I am the ex-spouse of a veteran. I have one child for him who was born in 1996. We married in 1995, separated in 1998, and divorced in 2009. He was medically discharged soon after I left him in 1998, and we have not seen him since. I live in a different country, and my lawyer (Legal Aid) explained that it would be very hard to get court-ordered child support enforced due to the fact that he lives overseas (USA). I had a light bulb moment late last year, and contacted the VA to find out if he was receiving benefits, and to my surprise they said yes. I have done all the necessary to request an apportionment for my daughter, but what I want to know is, does anyone know of a case that was favourable for the retroactive award of an apportionment of disability benefits for a child (back to the date the veteran became entitled)? Also, is there anything in place for retroactive award for an ex-spouse? Any help would be greatly appreciated.

[RaeMarie]

https://www.statesidelegal.org/va-apportionment-and-child-support-issues has very accurate and useful information regarding apportionment claims/divorce/child support.  If your former spouse receives VA disability they can also be receiving a certain dollar amount for each dependent that they claim.  What an apportionment claim does is send that dollar amount to the dependent (or legal physical guardian of said dependent) instead of the veteran receiving it directly.  For example, while married, my veteran disabled husband received a disability 'base' pay and additional $ for myself as his spouse and $ for each of our 3 children.  When we divorced, he continued to receive the dependent monetary portions and never once sent a dime to me (I have custody of the children).  Because it's 'disability' income the state cannot enforce child support payments.  I just learned about apportionment claims (5.5 years post divorce) and have filed on behalf of our children.  

[DaLinkWent42]

Wow. How can I steal a disabled veteran’s money? You should be ashamed of yourself.

[Tbird]

This is beyond what we usually handle which is helping veterans with disability claims.

[carlie]

NO retro - the benefits must be applied for.

You as the Xspouse of only a couple of years would

be entitled to nothing.

The veteran can apply for additional benefits for the child,

if the veteran is rated at a minimum of 30 percent service connected.

This does not mean though that the child would recieve the money

but the veteran could.

jmho,

carlie

[famvet]

So r u saying that, for instance, if a disabled vet has children to 2 different women and he was receiving up to 30 percent disability that he could actually apply for retro payment for his child from one woman and not his child of another woman. Would that be totally up to him to discriminate if he wanted to or would the other child have legal recourse if they chose to fight it. Just a scenario that could be an ugly possibility.

Also, if the vet does apply for retro benefits for the child, you are saying that the vet would receive the money and only have to give it to the child if he/she wanted to?

Surely, there must be some legal recourse for children in these cases.

Also, when you say that the ex-spouse is not eligible to receive benefits what is the cutoff for this and what about common-law marriage in a state. is it recognized in a va disability claim.

NO retro - the benefits must be applied for.

You as the Xspouse of only a couple of years would

be entitled to nothing.

The veteran can apply for additional benefits for the child,

if the veteran is rated at a minimum of 30 percent service connected.

This does not mean though that the child would recieve the money

but the veteran could.

jmho,

carlie

[blouda]

Thanks for your help.